Oral examination: finding out what they own

An oral examination — formally an order to obtain information from a judgment debtor under CPR Part 71 — is the discovery stage of enforcement. Most enforcement methods require you to know something about the defendant: which bank they use, who their employer is, what property they own. If you do not know, an oral examination compels the defendant to tell the court under oath.

Oral examination: finding out what they own

It is most useful where the defendant has gone quiet after judgment and you are unsure which enforcement method to choose. Rather than guessing — and paying a court fee for a method that turns out to be ineffective — you spend £63 on Form N316 to find out exactly what is available.

For many defendants, the prospect of being summoned to court and questioned about their finances is itself enough to produce payment. A significant number of oral examination orders never reach the hearing stage because the defendant pays in the intervening weeks.

CPR 71 PD allows you to question the defendant on essentially anything relevant to whether and how the judgment can be enforced. The standard questionnaire (Practice Direction 71, paragraph 4) covers:

You can also produce documents in advance — payslips, bank statements, mortgage statements, vehicle V5s — by including them in the order under CPR 71.2(7).

A transcript or note of the answers is provided. Use it immediately. The information has limited shelf life — bank accounts can be closed, jobs can be left, debts paid down. The first 30 days after the examination are the productive window.

If the defendant has employment, file Form N337 for an attachment of earnings. If they have an identified bank account, file Form N349 for a third-party debt order. If they own property, file Form N379 for a charging order. If they have meaningful goods, file Form N323 for a warrant of control.

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Enforcement overview

Attachment of earnings

Third-party debt order