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Debtor Examination - Creditor Judgment Enforcement Collection
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(:title Debtor Examination - Creditor Judgment Enforcement Collection:)
(:Summary: Debtor Examination - Creditor Judgment Enforcement Collection:)
(:description TOPIC Creditor Debtor Judgment Enforcement Collection:)
(:keywords creditor, debtor, judgment, enforcement, collection, TOPIC:)
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TOPIC [[!Debtor_Exam]] [--Site.CdDebtorExamination--]
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!!DEBTOR EXAMINATIONS
!!!INTRODUCTION
A debtor examination is a post-judgment enforcement remedy where the creditor asks questions to the debtor to discover the debtor's assets that may be applied in satisfaction of the judgment. The laws and procedures for taking debtor examinations vary wildly between jurisdictions. Typically, the laws and procedures of the debtor's state of residence will apply.
Some jurisdictions, such as California, treat a debtor's examination as a hearing which is usually conducted at the courthouse. In these jurisdictions, the debtor exam might be held in the courthouse hallway, cafeteria, or unused jury room. Other jurisdictions, such as Nevada, and the federal courts effectively treat a debtor's examination as a deposition where it is held away from the courthouse, usually in a conference room.
Debtor examinations are usually held before a court reporter with the debtor being sworn as to the truthfulness of his or her answers. If the debtor refuses to answer an appropriate question, the debtor can be immediately compelled by the court to answer under penalty of contempt. I've been in cases where a debtor refused to answer a question about an asset, the court ordered the debtor to answer, the debtor still refused to answer, and the court on-the-spot ordered the debtor to go sit in jail until he agreed to answer.
The debtor exam may last as long as allowed by local procedure. Some jurisdictions ― particularly those which treat debtor exams as depositions ― limit the examination to a set number of hours or a day, while other jurisdictions allow the examination to go on as long as necessary for the creditor's questions to be exhausted.
For experienced creditor rights attorneys, finding the debtor's assets is a secondary purpose of the debtor exam. The primary purpose for these attorneys is to catch the debtor answering questions falsely so that the court may be convinced to employ harsher remedies to compel the debtor to find his wallet.
Which is to say that quality creditor rights counsel will employ private investigators and data researchers, and send out subpoenas to third-parties such as banks and other financial institutions, so as to identify the debtor's assets in advance of the examination. Ideally, the answers to many of these questions will be known by creditor counsel before the first question is even asked.
The mark of inexperienced creditor counsel is to take a debtor exam without first knowing at least the debtor's assets that are easily discoverable with the hope that the debtor's answers will lead them to such assets. This usually means that such creditor counsel will ask only very generalized questions about the debtor's assets for which the debtor can fudge only partially responsive answers. All such exams usually accomplish is to indicate to debtor certain areas of danger.
In many jurisdictions, at the conclusion of the debtor's examination the creditor can ask that the debtor turn over to the levying officer (sheriff) any of the debtor's non-exempt assets that were identified in the examination. This famously occurred after OJ Simpson's debtor examination where his creditor asked that he turn over his expensive Rolex and he did (it later turned out to be a $15 counterfeit).
What follows is a non-exhaustive list of typical debtor examination questions and document demands. Quality creditor-rights counsel will of course use lists such as these to develop their own list of questions that are sharply tailored to each individual debtor. And they will know the truth in advance.
!!!DEBTOR EXAM QUESTIONS
!!!!PRELIMINARY EXAMINATION PROCEDURE & IDENTIFICATION
!!!!!Oath and Competency
*Please state your full legal name for the record.
*Are you currently under oath?
*What does being under oath mean to you?
*Do you understand that testifying falsely under oath constitutes a crime?
*Are there any reasons, physical or mental, why you cannot accurately testify today?
*Are you currently under the influence of any medication, drug, or alcohol that would prevent you from accurately testifying?
*Do you have any medical conditions that would interfere with your ability to understand these questions or provide truthful answers?
*Are you represented by legal counsel at this examination?
*Please state the name and firm of your counsel for the record.
*Have you ever testified under oath before in any deposition, trial, or prior debtor's examination?
*If so, when and in what legal matter did you previously testify?
*Do you understand that you are required to provide verbal answers and that physical gestures, such as nodding, cannot be recorded by the court reporter?
*Do you understand that you must wait for the entire question to be asked before you begin your answer?
*Do you understand that you should immediately advise me if you do not hear or do not understand a specific question?
*Do you understand that you may request breaks as necessary, but you must answer any pending question before a break is taken?
!!!!!Core Personal Identification
*What is your full legal name?
*What other names have you ever used, including aliases, maiden names, or fictitious business names?
*Have you ever used another name on any official documents, such as a driver’s license, credit application, or tax return?
*What is your Social Security Number?
*Have you ever used any other Social Security Number at any time in your life?
*What is your date of birth?
*Have you ever used any other date of birth for any purpose?
*Where were you born (city, state, and country)?
*What is your current Driver's License number?
*In what state was your current Driver's License issued?
*Do you hold, or have you held within the last five years, a driver's license in any other state or jurisdiction?
*Do you hold a chauffeur's license or any other specialized driving permit?
*What is your current home telephone number?
*What is your current cell phone number?
*What is your current work telephone number?
!!!!RESIDENCE & HOUSEHOLD COMPOSITION
!!!!!Current Residence Details
*What is your present home address?
*How long have you lived at your current address?
*Do you live in an apartment, a single-family home, a condominium, or a mobile home?
*If you live in a private home or condo, who owns the property?
*Is the property owned by you, a relative, or a business entity?
*If you or a relative own the home, when was it purchased?
*What was the purchase price of your current residence?
*Whose money was used to pay the down payment and subsequent mortgage payments?
*How is title currently held to your residence (e.g., individual name, joint tenancy, or trust)?
*What is the current fair market value of your home?
*Is there an outstanding mortgage or loan balance on the property?
*What is the name and address of the lender or mortgage holder?
*What is the amount of your monthly mortgage payment?
*Are your mortgage payments currently up to date?
*Who specifically writes the checks or authorizes the payments to the mortgage company?
*How many rooms do you occupy in your current residence?
!!!!!Rental Information
*Do you have a written lease or rental agreement for your current residence?
*What is the name and physical address of your landlord or property manager?
*What is the telephone number and email address for your landlord?
*How much is your monthly rent?
*Who specifically pays the rent for your residence?
*Is the rent paid by cash, personal check, or business check?
*Are your rent payments currently up to date?
*Did you pay a security deposit or last month’s rent to the landlord?
*If so, what was the amount of that deposit?
!!!!!Household Members & Boarders
*Do you have any boarders, tenants, or subtenants living with you?
*If so, please state the full name and address of each boarder or subtenant.
*How much rent or other consideration does each boarder pay you per month?
*Are you currently the sole support for your family or household?
*If not, state the amount each member of your family contributes toward the support of the home.
!!!!!Residence History
*Please list all of your previous home addresses for the last five years.
*During the last three years, have you lived anywhere other than your current residence?
*Have you spent more than three continuous weeks at any other address within the last year?
*Within the last eight years, did you ever live with a spouse or legal equivalent in a community property state (e.g., California, Nevada, Arizona)?
!!!!MARITAL & FAMILY STATUS
!!!!!Current Marriage or Partnership
*Are you currently married or in a Registered Domestic Partnership?
*If so, what is your spouse's or partner's full legal name, including maiden name?
*What is your spouse’s or partner’s date of birth?
*On what date were you married or did you file for a Registered Domestic Partnership?
*In what city, county, and state were you married?
*Do you have a prenuptial or postnuptial agreement currently in effect?
!!!!!Children and Dependents
*Do you have any children?
*Please state the name, age, and current address of each child.
*How many of your children are under the age of 18?
!!!!!Prior Marriages
*Were you married before your current marriage?
*Please provide the name and current address of each former spouse.
*On what date did each prior marriage begin?
*On what date did each prior marriage end, whether by divorce or death?
*Do you have a copy of any divorce decree or judgment in which you were a party?
!!!!EMPLOYMENT & INCOME SOURCES
!!!!!Primary Employment
*What is your current occupation?
*Are you presently employed by someone else?
*What is the full name, address, and telephone number of your current employer?
*Where is your employer’s payroll office located?
*What is the name of your direct supervisor?
*What is your current gross salary or hourly wage?
*What is your current net (take-home) salary after all deductions?
*What specific payroll deductions are currently being made from your check?
*How often are you paid (e.g., weekly, bi-weekly, or monthly)?
*Do you receive any commissions, bonuses, or tips?
*If so, when and how are these commissions or bonuses paid?
*Does your employer currently owe you any back pay, commissions, or other sums?
*Do you have a written employment contract?
*Please provide copies of your wage receipts or pay stubs for the last two years.
!!!!!Self-Employment and Business Ownership
*Are you currently in business for yourself or self-employed?
*What is the legal name, address, and telephone number of your business?
*What is the nature and type of business you conduct?
*Do you own the property where your business is located?
*If you own the business property, how is title held?
*If you lease the business location, what is the monthly lease amount?
*Provide the name and contact information for the leasing company or landlord for your business.
*What are the names of your business associates, partners, or fellow officers?
*In what bank and at which branch does your business maintain its accounts?
*Have you brought your most recent Profit and Loss (P&L) statement for the business?
*Do you own any stock or any other ownership interest in the business where you work?
!!!!!Supplemental and Family Income
*Do you have any part-time employment or a "side hustle"?
*Do you have any hobbies from which you have received income?
*Is your spouse or any of your children currently employed or in business?
*Provide the name and address of each family member's employer and their approximate income.
*Are you, or any members of your family, currently proprietors, part-owners, or officers of any other business?
*Do you receive any income from pensions, disability, or unemployment?
*Do you receive alimony, child support, or other public benefit payments?
*Do you have any other sources of income, such as rental income, interest, or dividends?
!!!!BANKING AND FINANCIAL ACCOUNTS
!!!!!Current Accounts and Balances
*Do you, in your own name or jointly with another, have any bank accounts (commercial, savings, or credit union)?
*What are the names and branch addresses of every institution where you hold an account?
*What are the account numbers and current balances for each of these accounts?
*Do you have a bank account subject to your sole control?
*Are there any other deposits or accounts that you have not described that are subject to your control?
*Does your spouse or registered domestic partner have a separate bank account?
*What is the name and address of the bank where your spouse's account is held and the current balance?
*What is the source of the money currently held in your spouse’s bank account?
*Do you have the authority or power of attorney to sign checks or other instruments on any account not in your name?
*When and where did you last have a bank account that is now closed?
*When did you make your last deposit into any bank account?
*When did you draw your last check from any account?
*How much cash do you have on your person at this very moment?
*What other names are used on any accounts including "Christmas clubs," stock clubs, or thrift clubs?
!!!!!Safe Deposit Boxes and Storage
*Do you or your spouse currently have a safe deposit box?
*What is the name and address of the institution where the safe deposit box is located?
*What are the account numbers and specific contents of the box?
*Do you have the right to access any safe deposit box not listed above?
*If you do not currently have a safe deposit box, when did you last maintain one?
*Have you stored any property in a storage unit or place other than your home within the last year?
*What is the name of the storage facility and who else has access to that unit?
!!!!REAL PROPERTY INTERESTS
!!!!!Ownership and Title
*Do you or your spouse have any interest in any real estate, land, or improvements?
*What is the physical address and legal description of every property in which you hold an interest?
*How is title held for each piece of real property (e.g., individual, joint tenancy, community property)?
*Do you or your business own any other real estate such as vacation homes, condos, or undeveloped land?
*Do you have any beneficial or fee interest in real property located in another state or country?
*Is any real property held for your benefit in the name of another person or entity?
*Do you have any remainder or contingent interest in any real property?
*What is the estimated fair market value of each property today?
!!!!!Encumbrances and Equity
*What are the current balances of all mortgages, trust deeds, or liens against your real property?
*To whom do you make payments for these mortgages or loans?
*Are your mortgage payments currently up to date for all properties?
*Have you applied for a loan against any real property in the last three to five years?
*Would you consider using the equity in your home to satisfy this judgment?
!!!!!Leasehold and Tenant Interests
*Do you have a lease or rental agreement for any property other than your primary residence?
*What is the name and address of the landlord and the monthly rent amount for such properties?
*Are you currently a landlord for any tenants?
*What are the names and addresses of your tenants and how much rent do they pay you?
*Do you have a security deposit held by any landlord?
!!!!!Trust Deeds and Promissory Notes
*Do you or your spouse have any interest in mortgages or trust deeds on real property owned by others?
*What are the details of any promissory notes where you are the named beneficiary?
*What is the remaining balance due on any such promissory notes?
*How much money have you received in payments toward these notes in the last year?
*Where are the physical promissory notes currently located?
!!!!MOTOR VEHICLES AND TRANSPORTATION
!!!!!Current Vehicles
*Do you, your spouse, or your registered domestic partner own or have any interest in any boat, automobile, truck, motorcycle, or other motor vehicle?
*For each vehicle, what is the manufacturer, model, year, and color?
*What is the License Plate Number and Vehicle Identification Number (VIN) for each vehicle?
*Where is each vehicle currently garaged or located?
*Is each vehicle currently in a drivable condition?
*What do you believe to be the current fair market value of each vehicle?
!!!!!Liens and Financing
*Is each vehicle completely paid off?
*If not, what is the current balance due and owing on the vehicle?
*What is the name and address of the legal owner or lienholder?
*Are your payments on these vehicles currently up to date?
*Who specifically writes the checks or authorizes the payments for these vehicles?
!!!!!Other Transportation Assets
*Do you own or have an interest in a vacation home, recreational vehicle (RV), motor home, or mobile home?
*Do you own or have an interest in any airplane or other aircraft?
*Do you own any other motor-powered vehicle, including farm equipment, tractors, or livestock?
*How did you travel to this examination today?
*What is the year, make, and license plate of the vehicle you drove here today?
*Did you bring the keys to that vehicle with you?
*What are the other keys on your keychain for?
!!!!PERSONAL PROPERTY AND VALUABLES
!!!!!Household Goods and Electronics
*Do you own or have an interest in any high-end electronics, such as large-screen TVs, high-end music systems, or computers?
*Where are these items specifically located within your home?
*Do you own any musical instruments, such as pianos or organs?
*Do you own any valuable household fixtures, appliances, or furnishings with an original value exceeding
*250?
!!!!!Jewelry and Collections
*Do you or your spouse have any interest in any watch, diamonds, or other jewelry?
*Do you own a Rolex or other high-value timepiece?
*Do you or your spouse have any interest in any antiques or original works of art?
*Do you or your spouse have any interest in a stamp, coin, gun, or other collection?
*Have you ever had a value assigned to these collections for insurance or appraisal purposes?
!!!!!Other Tangible Assets
*Do you own any precious metals, such as gold or silver bullion?
*Do you own any weapons, including guns, swords, or sporting equipment?
*Do you have any inventory, tools, machinery, or fixtures related to your business?
*Have you pawned any personal property within the last two years?
*What is the name and address of the pawnshop and the amount needed to redeem the property?
!!!!INTELLECTUAL PROPERTY AND MISCELLANEOUS INTERESTS
!!!!!Patents and Trademarks
*Do you or your spouse have any interest in any patents, inventions, trademarks, trade names, or copyrights?
*Where are these intellectual property rights registered, and what are the registration numbers?
*Has anyone offered to purchase these rights, and if so, for what amount?
*Do you receive any royalties from these intellectual property interests?
!!!!!Documents of Title
*Do you or your spouse have any interest in warehouse receipts, bills of lading, or other documents of title?
*Do you have any interest in any joint ventures, partnerships, or other business enterprises not previously mentioned?
*Do you own any other property, tangible or intangible, not already listed, which might have potential value?
!!!!SECURITIES AND INVESTMENT ASSETS
!!!!!Stocks and Corporate Interests
*Do you or your spouse have any interest in any stocks, bonds, or other securities?
*Are you a shareholder in any closely held corporation?
*If so, are you an officer or director of that corporation?
*Who are the other officers, directors, and major shareholders of that business?
*Do you hold any shares in any foreign corporations or entities?
*Do you have any accounts with brokerage houses or commodity brokers?
*What is the name and address of each broker and the associated account numbers?
*What is the approximate current value of each brokerage account?
*Do you hold any physical stock certificates, and if so, where are they located?
!!!!!Bonds and Other Instruments
*Do you own any government bonds, such as Defense, war savings, or savings bonds?
*Do you own any municipal or corporate bonds?
*Do you have any interest in any Unit Investment Trusts?
*Do you own any certificates of deposit (CDs) or other interest-bearing instruments?
*Do you have any interest in any mutual funds not held in a retirement account?
*Do you have power of attorney over any stock, bond, or other security owned by another?
!!!!TRUSTS, ESTATES, AND INHERITANCES
!!!!!Interests in Trusts
*Are you or your spouse the beneficiary of any trust, whether revocable or irrevocable?
*What is the name of each trust and who is the current trustee?
*What are the specific assets held by each trust?
*Who provided the assets to the trust (the Settlor)?
*Have you ever transferred property into a self-settled trust or an "asset protection" trust?
*If so, when was the transfer made and what property was involved?
*Are you currently acting as a trustee, custodian, or guardian for any other person's property?
!!!!!Inheritances and Wills
*Have you or your spouse inherited any money or property within the last five years?
*Do you have any interest in the estate of any deceased person that has not yet been distributed?
*Are you a named heir or beneficiary in the will of any living person?
*Have you made a will yourself, and if so, where is the original located?
*Will you produce your will for inspection at the conclusion of this hearing?
!!!!RETIREMENT AND INSURANCE ASSETS
!!!!!Retirement Accounts
*What type of retirement accounts do you or your spouse have (e.g., 401(k), IRA, Roth IRA, Keogh)?
*What is the name of the institution holding these retirement funds?
*Are you currently receiving any payments or distributions from a pension or retirement plan?
*Are you able to borrow against the balance of your retirement accounts?
!!!!!Life Insurance
*Do you or your spouse have any life insurance policies currently in force?
*What is the name of the insurance company and the face amount of each policy?
*Do any of these policies have a present cash surrender value?
*Have you ever obtained a loan against the cash value of any insurance policy?
*Who are the named beneficiaries of your insurance policies?
*Where are the physical insurance policies kept?
!!!!LEGAL CLAIMS AND PENDING LITIGATION
!!!!!Current and Past Lawsuits
*Are you, your spouse, or your registered domestic partner currently a party to any pending lawsuit or administrative proceeding?
*If so, what is the title of the action, the case number, and the name of the court where it is pending?
*State the name and address of the attorney representing you in any such action.
*Have you been a party to any legal proceeding, including divorces or contract disputes, over the past three to five years?
*Have you ever been a party to a small claims action?
*Is your business currently involved in any arbitrations or meditations?
!!!!!Judgments in Your Favor
*Do you or your spouse have a judgment against anyone else?
*If so, describe the name of the judgment debtor and the current value of that judgment.
*Have you taken any steps to collect on judgments awarded to you?
*Have you assigned any judgment or cause of action to a third party within the last two years?
!!!!ACCOUNTS RECEIVABLE AND DEBTS OWED TO YOU
!!!!!General Indebtedness
*Does anyone currently owe you, your spouse, or your business any money?
*If so, furnish the name, address, and telephone number of the person or institution that owes the debt.
*What is the amount of each debt and how did that debt arise (e.g., loan, inheritance, or services rendered)?
*Do you hold any promissory notes signed by others?
*Are you entitled to any money from any federal, state, city, or county government agency?
!!!!!Business Receivables
*Please describe the major people or businesses who owe your company money.
*List any accounts receivable owed to your corporation that have a value of
*500 or more.
*Do you have any commissions or renewals earned that you anticipate receiving in the near future?
!!!!LIABILITIES, CREDITORS, AND FINANCIAL DISTRESS
!!!!!Current Liabilities
*What are the total liabilities for you and your spouse, including the amount of this judgment?
*What are the names and addresses of all your other creditors?
*Are you currently making any payments to any other creditor?
*If so, furnish complete details regarding the amount and frequency of those payments.
*Are you or your spouse a co-maker, guarantor, or endorser on any loan or obligation for someone else?
*Are you currently unable to pay your debts as they mature?
!!!!!Credit and Loans
*Do you or your spouse have any credit cards?
*Can you or your spouse obtain a cash advance on any of those cards?
*Have you applied for a loan from any bank or lending institution in the last five years?
*If a loan was obtained, what specifically did you do with the proceeds?
*Have you issued any financial statement or loan application to anyone during the past three years?
!!!!!Bankruptcy and Insolvency
*Have you or your spouse ever filed for bankruptcy?
*If so, state when, where, and the final disposition of that case.
*Has a receiver, trustee, or custodian ever been appointed for your or your spouse’s property?
*Have you ever made an assignment for the benefit of creditors?
!!!!TRANSFERS AND ASSET DISPOSITION
!!!!!Recent Transfers
*Have you, your spouse, or your business transferred any property or assets worth $5,000 or more in the last six years?
*Have you transferred any property within the past three years for less than its fair market value?
*If so, describe the property and furnish the name and address of the person who received the transfer.
*What property have you disposed of since the service of the Order for this examination?
!!!!!Insider and Fraudulent Transfers
*Within the last year, have you made any payments on a debt owed to a relative or a business insider?
*Within the last two years, have you deposited money into accounts held in the name of another person?
*Does anyone else hold title to or possession of any property in which you have any rights or interests?
*Why did you transfer [Specific Property Name] into the [Specific Trust Name]?
!!!!BOOKS, RECORDS, AND TAX COMPLIANCE
!!!!!Financial Record Keeping
*What specific books and records showing your receipts and disbursements do you currently maintain?
*Where are these books and records physically located at this time?
*Who is the person primarily responsible for maintaining these records?
*Will you make these books and records available for inspection immediately following this hearing?
*Do you have an accountant, CPA, or tax preparer?
*Please state the name, address, and telephone number of your accountant or tax preparer.
!!!!!Income Tax Returns
*Have you filed a federal and state income tax return for each of the last five years?
*Are those returns available for inspection at the conclusion of this hearing?
*Does the federal or state government currently owe you a tax refund?
*If so, furnish the exact amount and the tax year to which the refund applies.
*Has the IRS or any state agency asserted a claim for unpaid taxes against you in the last three years?
*Have you filed any foreign bank account reporting (FBAR) forms in the last five years?
!!!!SPECIFIC QUESTIONS FOR BUSINESS ENTITIES
!!!!!Corporate Structure and Officers
*What is the full legal name and any "Doing Business As" (DBA) names of your business?
*What is the Employer Identification Number (EIN) for each of your business entities?
*Are you an officer, director, member, or managing executive of any corporation or LLC?
*If so, please identify your specific title and the percentage of shares or interest you hold.
*What is the current estimated value of your shares or membership interests in these entities?
*Why was each specific business entity originally established?
!!!!!Business Assets and Operations
*How many employees does your business currently have?
*Does the business own any equipment, furniture, or inventory?
*Does the business own any motor vehicles, and if so, please describe them?
*Does the business have a security deposit with its current landlord?
*List any customers who have provided 5% or more of the company's revenue in the last five years.
*List the top 10 customers by revenue contribution for the current fiscal year.
!!!!!Corporate Banking and Liabilities
*List every bank in which corporate or business funds have been deposited in the last 10 years.
*What are the account numbers and current balances for all business accounts?
*Does the business have any outstanding accounts receivable over
*500?
*Does the company have any judgments against any other person or entity?
*Are there any liens filed against the company with the Secretary of State?
*Does the business owe any taxes to the IRS, Franchise Tax Board, or other public entity?
!!!!CRYPTOCURRENCY AND DIGITAL ASSETS
!!!!!Wallet Identification and Access
*Do you currently own, or have you ever owned, any digital assets, including Bitcoin, Ethereum, or stablecoins?
*Do you possess any "cold storage" hardware wallets, such as a Ledger or Trezor device?
*Where are the private keys or "seed phrases" for your digital wallets physically located right now?
*Have you ever used a multi-signature wallet requiring more than one person to authorize a transaction?
*What are the public wallet addresses for every crypto account you have controlled in the last five years?
*Have you ever deleted or "wiped" a digital wallet or hardware device since this litigation commenced?
!!!!!Exchanges and Mixing Services
*Do you have accounts with any centralized exchanges, such as Coinbase, Binance, or Kraken?
*Have you ever utilized a "mixing service" or "tumbler," such as Tornado Cash, to obscure the origin of your funds?
*Have you used decentralized finance (DeFi) protocols to stake, lend, or provide liquidity for interest?
*Have you ever converted traditional fiat currency into crypto specifically for transfer to a third party?
*Have you purchased any Non-Fungible Tokens (NFTs) or other digital collectibles in the last three years?
!!!!OFFSHORE STRUCTURES AND CROSS-BORDER INTERESTS
!!!!!Foreign Jurisdictions
*Do you maintain any bank accounts or investment portfolios in jurisdictions outside the United States?
*Have you ever established a trust or LLC in the Cook Islands, Nevis, Belize, or similar jurisdictions?
*What is the name and address of the foreign trustee or "protector" for any offshore entity you are involved with?
*Have you ever traveled to a foreign country specifically to meet with a wealth manager or offshore trustee?
*Have you ever used an "offshore LLC" owned by an "offshore trust" to manage domestic assets?
!!!!!Foreign Asset Control
*Do you hold a debit or credit card issued by a foreign bank that is linked to an offshore account?
*Have you ever transferred assets to a "straw man" or "nominee" in a foreign jurisdiction?
*Are you a beneficiary of any foreign foundation or "Anstalt" located in Liechtenstein or Panama?
*Do you hold any foreign citizenship or residency permits (e.g., "Golden Visa") acquired via investment?
!!!!VOIDABLE TRANSACTIONS & "BADGES OF FRAUD"
!!!!!Insider Transfers
*Have you transferred any assets to a "relative" or "insider" within the last four years?
*Did you receive "reasonably equivalent value" in exchange for every transfer of property made in the last two years?
*Was any transfer of property made shortly before or after this judgment was entered?
*Have you ever transferred legal title to an asset while retaining "possession or control" over that asset?
*Was the transfer of [Specific Asset] made after you were threatened with this lawsuit?
!!!!!Solvency and Intent
*Were you "insolvent" or did you have "unreasonably small capital" at the time you made the transfer to [Transferee]?
*Did the transfer of [Asset] involve substantially all of your remaining assets?
*Have you ever "absconded" or concealed your location to avoid service of process or collection?
*Did you incur any new debt shortly before or after the transfer of [Specific Property]?
!!!!ADVANCED CORPORATE & "SHELL" INQUIRIES
!!!!!Alter Ego and Entity Piercing
*Is there a written operating agreement for [Business Name] that governs distributions?
*Does [Business Name] pay for any of your personal expenses, such as your home mortgage or luxury vehicles?
*Are the corporate minutes for your LLC current and physically located at the place of business?
*Has the business ever made a loan to you that remains unpaid and unrecorded?
*Does your business hold any "goodwill" value that has been formally appraised in the last five years?
!!!!!Nominal Ownership
*Do you serve as an officer or director for any company in which you hold 0% equity?
*Are any of your children or relatives listed as owners of a business that you personally manage?
*Does any third party hold "title" to assets that you use daily, such as office equipment or computers?
!!!!LIFESTYLE AND FORENSIC "TRAPS"
!!!!!Wallet and On-Person Assets
*How much cash is in your wallet or purse right now?
*Please produce every credit card, debit card, or membership card currently in your wallet.
*What is the name of the "authorized user" on the credit cards you use for daily expenses?
*Are you currently wearing any jewelry, including watches or rings, valued at over $500?
!!!!!De Facto Control
*How did you pay for the transportation that brought you to this courthouse today?
*Whose name is on the registration of the vehicle you drive most frequently?
*Who pays for your current mobile phone service and data plan?
*Do you have access to any "gift cards" or "pre-paid" debit cards with a balance over
*100?
!!!!FINAL WRAP-UP AND VERIFICATION
*Have you understood all of the questions asked of you today?
*Have you provided the most complete and truthful answers possible under penalty of perjury?
*Do you understand that as long as this judgment remains unpaid, it accrues interest at the legal rate?
*Do you understand that I have the right to examine you again in 120 days if the judgment remains unsatisfied?
*Are there any assets you own or have an interest in that have not been discussed today?
*Is there anything else you would like to state for the record regarding your ability to pay this judgment?
!!!DOCUMENTS TO REQUEST
!!!!PERSONAL IDENTIFICATION & RESIDENCE RECORDS
*Identification: Current driver’s license, state ID card, passport, and any other government-issued photo identification.
*Residence Documentation: All current leases, rental agreements, or grant deeds for your primary residence and any other real property.
*Utility Statements: Recent bills for electricity, water, gas, and telephone services to verify residency and monthly expenses.
*Household Records: List of all persons residing in your home and evidence of any rental income or contributions received from them.
!!!!BANKING & FINANCIAL INSTITUTION RECORDS
*Bank Statements: All monthly statements for checking, savings, and money market accounts for the past two to five years.
*Canceled Checks & Registers: All canceled checks and checkbook registers for all personal and business accounts.
*Savings Passbooks: All savings deposit books or certificates for any active or closed savings accounts.
*Safe Deposit Box Records: All rental agreements for safe deposit boxes and a complete inventory of their current contents.
!!!!INCOME & EMPLOYMENT DOCUMENTATION
*Wage Statements: All pay stubs, wage receipts, and evidence of commissions or bonuses for the last two years.
*Tax Returns: Complete signed copies of federal and state income tax returns, including all schedules (K-1s, etc.), for the last five years.
*Tax Forms: All W-2 and 1099 forms received during the last two years.
*Government Benefits: Documentation of any Social Security, disability, unemployment, or pension payments received.
!!!!REAL & PERSONAL PROPERTY RECORDS
*Real Estate Titles: All deeds, titles, and contracts of sale for any real property owned in whole or in part.
*Mortgage Statements: Current statements for all mortgages, trust deeds, or home equity lines of credit.
*Vehicle Records: Titles, registration certificates, and lease agreements for all automobiles, motorcycles, boats, and aircraft.
*Valuables Inventory: A complete inventory of personal property with an original value exceeding $250, including jewelry, art, and antiques.
!!!!BUSINESS & INVESTMENT RECORDS
*Business Entity Documents: Articles of Incorporation, LLC Operating Agreements, and Partnership Agreements for any entity in which you hold an interest.
*Financial Statements: Current balance sheets and profit and loss (P&L) statements for all business entities.
*Stock & Bond Certificates: All certificates evidencing ownership of stocks, bonds, or other securities.
*Brokerage Statements: Monthly statements for all brokerage, commodity, or cryptocurrency accounts.
!!!!LEGAL, DEBT, & TRANSFER RECORDS
*Judgments & Claims: Copies of all judgments awarded to you and documentation regarding any pending lawsuits or administrative claims.
*Promissory Notes: Copies of all notes, drafts, or instruments where you are the payee or beneficiary.
*Transfer Records: All documents evidencing the sale, gift, or transfer of any assets (exceeding $500–$5,000 depending on jurisdiction) within the last three to six years.
*Trust Documents: Copies of all trust agreements (revocable or irrevocable) where you are a settlor, trustee, or beneficiary.
*Insurance Policies: All active life, health, disability, and property insurance policies.
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!!!Debtor Exam Opinions
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(:Summary: Debtor Examination - Creditor Judgment Enforcement Collection:)
(:description TOPIC Creditor Debtor Judgment Enforcement Collection:)
(:keywords creditor, debtor, judgment, enforcement, collection, TOPIC:)
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TOPIC [[!Debtor_Exam]] [--Site.CdDebtorExamination--]
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!!DEBTOR EXAMINATIONS
!!!INTRODUCTION
A debtor examination is a post-judgment enforcement remedy where the creditor asks questions to the debtor to discover the debtor's assets that may be applied in satisfaction of the judgment. The laws and procedures for taking debtor examinations vary wildly between jurisdictions. Typically, the laws and procedures of the debtor's state of residence will apply.
Some jurisdictions, such as California, treat a debtor's examination as a hearing which is usually conducted at the courthouse. In these jurisdictions, the debtor exam might be held in the courthouse hallway, cafeteria, or unused jury room. Other jurisdictions, such as Nevada, and the federal courts effectively treat a debtor's examination as a deposition where it is held away from the courthouse, usually in a conference room.
Debtor examinations are usually held before a court reporter with the debtor being sworn as to the truthfulness of his or her answers. If the debtor refuses to answer an appropriate question, the debtor can be immediately compelled by the court to answer under penalty of contempt. I've been in cases where a debtor refused to answer a question about an asset, the court ordered the debtor to answer, the debtor still refused to answer, and the court on-the-spot ordered the debtor to go sit in jail until he agreed to answer.
The debtor exam may last as long as allowed by local procedure. Some jurisdictions ― particularly those which treat debtor exams as depositions ― limit the examination to a set number of hours or a day, while other jurisdictions allow the examination to go on as long as necessary for the creditor's questions to be exhausted.
For experienced creditor rights attorneys, finding the debtor's assets is a secondary purpose of the debtor exam. The primary purpose for these attorneys is to catch the debtor answering questions falsely so that the court may be convinced to employ harsher remedies to compel the debtor to find his wallet.
Which is to say that quality creditor rights counsel will employ private investigators and data researchers, and send out subpoenas to third-parties such as banks and other financial institutions, so as to identify the debtor's assets in advance of the examination. Ideally, the answers to many of these questions will be known by creditor counsel before the first question is even asked.
The mark of inexperienced creditor counsel is to take a debtor exam without first knowing at least the debtor's assets that are easily discoverable with the hope that the debtor's answers will lead them to such assets. This usually means that such creditor counsel will ask only very generalized questions about the debtor's assets for which the debtor can fudge only partially responsive answers. All such exams usually accomplish is to indicate to debtor certain areas of danger.
In many jurisdictions, at the conclusion of the debtor's examination the creditor can ask that the debtor turn over to the levying officer (sheriff) any of the debtor's non-exempt assets that were identified in the examination. This famously occurred after OJ Simpson's debtor examination where his creditor asked that he turn over his expensive Rolex and he did (it later turned out to be a $15 counterfeit).
What follows is a non-exhaustive list of typical debtor examination questions and document demands. Quality creditor-rights counsel will of course use lists such as these to develop their own list of questions that are sharply tailored to each individual debtor. And they will know the truth in advance.
!!!DEBTOR EXAM QUESTIONS
!!!!PRELIMINARY EXAMINATION PROCEDURE & IDENTIFICATION
!!!!!Oath and Competency
*Please state your full legal name for the record.
*Are you currently under oath?
*What does being under oath mean to you?
*Do you understand that testifying falsely under oath constitutes a crime?
*Are there any reasons, physical or mental, why you cannot accurately testify today?
*Are you currently under the influence of any medication, drug, or alcohol that would prevent you from accurately testifying?
*Do you have any medical conditions that would interfere with your ability to understand these questions or provide truthful answers?
*Are you represented by legal counsel at this examination?
*Please state the name and firm of your counsel for the record.
*Have you ever testified under oath before in any deposition, trial, or prior debtor's examination?
*If so, when and in what legal matter did you previously testify?
*Do you understand that you are required to provide verbal answers and that physical gestures, such as nodding, cannot be recorded by the court reporter?
*Do you understand that you must wait for the entire question to be asked before you begin your answer?
*Do you understand that you should immediately advise me if you do not hear or do not understand a specific question?
*Do you understand that you may request breaks as necessary, but you must answer any pending question before a break is taken?
!!!!!Core Personal Identification
*What is your full legal name?
*What other names have you ever used, including aliases, maiden names, or fictitious business names?
*Have you ever used another name on any official documents, such as a driver’s license, credit application, or tax return?
*What is your Social Security Number?
*Have you ever used any other Social Security Number at any time in your life?
*What is your date of birth?
*Have you ever used any other date of birth for any purpose?
*Where were you born (city, state, and country)?
*What is your current Driver's License number?
*In what state was your current Driver's License issued?
*Do you hold, or have you held within the last five years, a driver's license in any other state or jurisdiction?
*Do you hold a chauffeur's license or any other specialized driving permit?
*What is your current home telephone number?
*What is your current cell phone number?
*What is your current work telephone number?
!!!!RESIDENCE & HOUSEHOLD COMPOSITION
!!!!!Current Residence Details
*What is your present home address?
*How long have you lived at your current address?
*Do you live in an apartment, a single-family home, a condominium, or a mobile home?
*If you live in a private home or condo, who owns the property?
*Is the property owned by you, a relative, or a business entity?
*If you or a relative own the home, when was it purchased?
*What was the purchase price of your current residence?
*Whose money was used to pay the down payment and subsequent mortgage payments?
*How is title currently held to your residence (e.g., individual name, joint tenancy, or trust)?
*What is the current fair market value of your home?
*Is there an outstanding mortgage or loan balance on the property?
*What is the name and address of the lender or mortgage holder?
*What is the amount of your monthly mortgage payment?
*Are your mortgage payments currently up to date?
*Who specifically writes the checks or authorizes the payments to the mortgage company?
*How many rooms do you occupy in your current residence?
!!!!!Rental Information
*Do you have a written lease or rental agreement for your current residence?
*What is the name and physical address of your landlord or property manager?
*What is the telephone number and email address for your landlord?
*How much is your monthly rent?
*Who specifically pays the rent for your residence?
*Is the rent paid by cash, personal check, or business check?
*Are your rent payments currently up to date?
*Did you pay a security deposit or last month’s rent to the landlord?
*If so, what was the amount of that deposit?
!!!!!Household Members & Boarders
*Do you have any boarders, tenants, or subtenants living with you?
*If so, please state the full name and address of each boarder or subtenant.
*How much rent or other consideration does each boarder pay you per month?
*Are you currently the sole support for your family or household?
*If not, state the amount each member of your family contributes toward the support of the home.
!!!!!Residence History
*Please list all of your previous home addresses for the last five years.
*During the last three years, have you lived anywhere other than your current residence?
*Have you spent more than three continuous weeks at any other address within the last year?
*Within the last eight years, did you ever live with a spouse or legal equivalent in a community property state (e.g., California, Nevada, Arizona)?
!!!!MARITAL & FAMILY STATUS
!!!!!Current Marriage or Partnership
*Are you currently married or in a Registered Domestic Partnership?
*If so, what is your spouse's or partner's full legal name, including maiden name?
*What is your spouse’s or partner’s date of birth?
*On what date were you married or did you file for a Registered Domestic Partnership?
*In what city, county, and state were you married?
*Do you have a prenuptial or postnuptial agreement currently in effect?
!!!!!Children and Dependents
*Do you have any children?
*Please state the name, age, and current address of each child.
*How many of your children are under the age of 18?
!!!!!Prior Marriages
*Were you married before your current marriage?
*Please provide the name and current address of each former spouse.
*On what date did each prior marriage begin?
*On what date did each prior marriage end, whether by divorce or death?
*Do you have a copy of any divorce decree or judgment in which you were a party?
!!!!EMPLOYMENT & INCOME SOURCES
!!!!!Primary Employment
*What is your current occupation?
*Are you presently employed by someone else?
*What is the full name, address, and telephone number of your current employer?
*Where is your employer’s payroll office located?
*What is the name of your direct supervisor?
*What is your current gross salary or hourly wage?
*What is your current net (take-home) salary after all deductions?
*What specific payroll deductions are currently being made from your check?
*How often are you paid (e.g., weekly, bi-weekly, or monthly)?
*Do you receive any commissions, bonuses, or tips?
*If so, when and how are these commissions or bonuses paid?
*Does your employer currently owe you any back pay, commissions, or other sums?
*Do you have a written employment contract?
*Please provide copies of your wage receipts or pay stubs for the last two years.
!!!!!Self-Employment and Business Ownership
*Are you currently in business for yourself or self-employed?
*What is the legal name, address, and telephone number of your business?
*What is the nature and type of business you conduct?
*Do you own the property where your business is located?
*If you own the business property, how is title held?
*If you lease the business location, what is the monthly lease amount?
*Provide the name and contact information for the leasing company or landlord for your business.
*What are the names of your business associates, partners, or fellow officers?
*In what bank and at which branch does your business maintain its accounts?
*Have you brought your most recent Profit and Loss (P&L) statement for the business?
*Do you own any stock or any other ownership interest in the business where you work?
!!!!!Supplemental and Family Income
*Do you have any part-time employment or a "side hustle"?
*Do you have any hobbies from which you have received income?
*Is your spouse or any of your children currently employed or in business?
*Provide the name and address of each family member's employer and their approximate income.
*Are you, or any members of your family, currently proprietors, part-owners, or officers of any other business?
*Do you receive any income from pensions, disability, or unemployment?
*Do you receive alimony, child support, or other public benefit payments?
*Do you have any other sources of income, such as rental income, interest, or dividends?
!!!!BANKING AND FINANCIAL ACCOUNTS
!!!!!Current Accounts and Balances
*Do you, in your own name or jointly with another, have any bank accounts (commercial, savings, or credit union)?
*What are the names and branch addresses of every institution where you hold an account?
*What are the account numbers and current balances for each of these accounts?
*Do you have a bank account subject to your sole control?
*Are there any other deposits or accounts that you have not described that are subject to your control?
*Does your spouse or registered domestic partner have a separate bank account?
*What is the name and address of the bank where your spouse's account is held and the current balance?
*What is the source of the money currently held in your spouse’s bank account?
*Do you have the authority or power of attorney to sign checks or other instruments on any account not in your name?
*When and where did you last have a bank account that is now closed?
*When did you make your last deposit into any bank account?
*When did you draw your last check from any account?
*How much cash do you have on your person at this very moment?
*What other names are used on any accounts including "Christmas clubs," stock clubs, or thrift clubs?
!!!!!Safe Deposit Boxes and Storage
*Do you or your spouse currently have a safe deposit box?
*What is the name and address of the institution where the safe deposit box is located?
*What are the account numbers and specific contents of the box?
*Do you have the right to access any safe deposit box not listed above?
*If you do not currently have a safe deposit box, when did you last maintain one?
*Have you stored any property in a storage unit or place other than your home within the last year?
*What is the name of the storage facility and who else has access to that unit?
!!!!REAL PROPERTY INTERESTS
!!!!!Ownership and Title
*Do you or your spouse have any interest in any real estate, land, or improvements?
*What is the physical address and legal description of every property in which you hold an interest?
*How is title held for each piece of real property (e.g., individual, joint tenancy, community property)?
*Do you or your business own any other real estate such as vacation homes, condos, or undeveloped land?
*Do you have any beneficial or fee interest in real property located in another state or country?
*Is any real property held for your benefit in the name of another person or entity?
*Do you have any remainder or contingent interest in any real property?
*What is the estimated fair market value of each property today?
!!!!!Encumbrances and Equity
*What are the current balances of all mortgages, trust deeds, or liens against your real property?
*To whom do you make payments for these mortgages or loans?
*Are your mortgage payments currently up to date for all properties?
*Have you applied for a loan against any real property in the last three to five years?
*Would you consider using the equity in your home to satisfy this judgment?
!!!!!Leasehold and Tenant Interests
*Do you have a lease or rental agreement for any property other than your primary residence?
*What is the name and address of the landlord and the monthly rent amount for such properties?
*Are you currently a landlord for any tenants?
*What are the names and addresses of your tenants and how much rent do they pay you?
*Do you have a security deposit held by any landlord?
!!!!!Trust Deeds and Promissory Notes
*Do you or your spouse have any interest in mortgages or trust deeds on real property owned by others?
*What are the details of any promissory notes where you are the named beneficiary?
*What is the remaining balance due on any such promissory notes?
*How much money have you received in payments toward these notes in the last year?
*Where are the physical promissory notes currently located?
!!!!MOTOR VEHICLES AND TRANSPORTATION
!!!!!Current Vehicles
*Do you, your spouse, or your registered domestic partner own or have any interest in any boat, automobile, truck, motorcycle, or other motor vehicle?
*For each vehicle, what is the manufacturer, model, year, and color?
*What is the License Plate Number and Vehicle Identification Number (VIN) for each vehicle?
*Where is each vehicle currently garaged or located?
*Is each vehicle currently in a drivable condition?
*What do you believe to be the current fair market value of each vehicle?
!!!!!Liens and Financing
*Is each vehicle completely paid off?
*If not, what is the current balance due and owing on the vehicle?
*What is the name and address of the legal owner or lienholder?
*Are your payments on these vehicles currently up to date?
*Who specifically writes the checks or authorizes the payments for these vehicles?
!!!!!Other Transportation Assets
*Do you own or have an interest in a vacation home, recreational vehicle (RV), motor home, or mobile home?
*Do you own or have an interest in any airplane or other aircraft?
*Do you own any other motor-powered vehicle, including farm equipment, tractors, or livestock?
*How did you travel to this examination today?
*What is the year, make, and license plate of the vehicle you drove here today?
*Did you bring the keys to that vehicle with you?
*What are the other keys on your keychain for?
!!!!PERSONAL PROPERTY AND VALUABLES
!!!!!Household Goods and Electronics
*Do you own or have an interest in any high-end electronics, such as large-screen TVs, high-end music systems, or computers?
*Where are these items specifically located within your home?
*Do you own any musical instruments, such as pianos or organs?
*Do you own any valuable household fixtures, appliances, or furnishings with an original value exceeding
*250?
!!!!!Jewelry and Collections
*Do you or your spouse have any interest in any watch, diamonds, or other jewelry?
*Do you own a Rolex or other high-value timepiece?
*Do you or your spouse have any interest in any antiques or original works of art?
*Do you or your spouse have any interest in a stamp, coin, gun, or other collection?
*Have you ever had a value assigned to these collections for insurance or appraisal purposes?
!!!!!Other Tangible Assets
*Do you own any precious metals, such as gold or silver bullion?
*Do you own any weapons, including guns, swords, or sporting equipment?
*Do you have any inventory, tools, machinery, or fixtures related to your business?
*Have you pawned any personal property within the last two years?
*What is the name and address of the pawnshop and the amount needed to redeem the property?
!!!!INTELLECTUAL PROPERTY AND MISCELLANEOUS INTERESTS
!!!!!Patents and Trademarks
*Do you or your spouse have any interest in any patents, inventions, trademarks, trade names, or copyrights?
*Where are these intellectual property rights registered, and what are the registration numbers?
*Has anyone offered to purchase these rights, and if so, for what amount?
*Do you receive any royalties from these intellectual property interests?
!!!!!Documents of Title
*Do you or your spouse have any interest in warehouse receipts, bills of lading, or other documents of title?
*Do you have any interest in any joint ventures, partnerships, or other business enterprises not previously mentioned?
*Do you own any other property, tangible or intangible, not already listed, which might have potential value?
!!!!SECURITIES AND INVESTMENT ASSETS
!!!!!Stocks and Corporate Interests
*Do you or your spouse have any interest in any stocks, bonds, or other securities?
*Are you a shareholder in any closely held corporation?
*If so, are you an officer or director of that corporation?
*Who are the other officers, directors, and major shareholders of that business?
*Do you hold any shares in any foreign corporations or entities?
*Do you have any accounts with brokerage houses or commodity brokers?
*What is the name and address of each broker and the associated account numbers?
*What is the approximate current value of each brokerage account?
*Do you hold any physical stock certificates, and if so, where are they located?
!!!!!Bonds and Other Instruments
*Do you own any government bonds, such as Defense, war savings, or savings bonds?
*Do you own any municipal or corporate bonds?
*Do you have any interest in any Unit Investment Trusts?
*Do you own any certificates of deposit (CDs) or other interest-bearing instruments?
*Do you have any interest in any mutual funds not held in a retirement account?
*Do you have power of attorney over any stock, bond, or other security owned by another?
!!!!TRUSTS, ESTATES, AND INHERITANCES
!!!!!Interests in Trusts
*Are you or your spouse the beneficiary of any trust, whether revocable or irrevocable?
*What is the name of each trust and who is the current trustee?
*What are the specific assets held by each trust?
*Who provided the assets to the trust (the Settlor)?
*Have you ever transferred property into a self-settled trust or an "asset protection" trust?
*If so, when was the transfer made and what property was involved?
*Are you currently acting as a trustee, custodian, or guardian for any other person's property?
!!!!!Inheritances and Wills
*Have you or your spouse inherited any money or property within the last five years?
*Do you have any interest in the estate of any deceased person that has not yet been distributed?
*Are you a named heir or beneficiary in the will of any living person?
*Have you made a will yourself, and if so, where is the original located?
*Will you produce your will for inspection at the conclusion of this hearing?
!!!!RETIREMENT AND INSURANCE ASSETS
!!!!!Retirement Accounts
*What type of retirement accounts do you or your spouse have (e.g., 401(k), IRA, Roth IRA, Keogh)?
*What is the name of the institution holding these retirement funds?
*Are you currently receiving any payments or distributions from a pension or retirement plan?
*Are you able to borrow against the balance of your retirement accounts?
!!!!!Life Insurance
*Do you or your spouse have any life insurance policies currently in force?
*What is the name of the insurance company and the face amount of each policy?
*Do any of these policies have a present cash surrender value?
*Have you ever obtained a loan against the cash value of any insurance policy?
*Who are the named beneficiaries of your insurance policies?
*Where are the physical insurance policies kept?
!!!!LEGAL CLAIMS AND PENDING LITIGATION
!!!!!Current and Past Lawsuits
*Are you, your spouse, or your registered domestic partner currently a party to any pending lawsuit or administrative proceeding?
*If so, what is the title of the action, the case number, and the name of the court where it is pending?
*State the name and address of the attorney representing you in any such action.
*Have you been a party to any legal proceeding, including divorces or contract disputes, over the past three to five years?
*Have you ever been a party to a small claims action?
*Is your business currently involved in any arbitrations or meditations?
!!!!!Judgments in Your Favor
*Do you or your spouse have a judgment against anyone else?
*If so, describe the name of the judgment debtor and the current value of that judgment.
*Have you taken any steps to collect on judgments awarded to you?
*Have you assigned any judgment or cause of action to a third party within the last two years?
!!!!ACCOUNTS RECEIVABLE AND DEBTS OWED TO YOU
!!!!!General Indebtedness
*Does anyone currently owe you, your spouse, or your business any money?
*If so, furnish the name, address, and telephone number of the person or institution that owes the debt.
*What is the amount of each debt and how did that debt arise (e.g., loan, inheritance, or services rendered)?
*Do you hold any promissory notes signed by others?
*Are you entitled to any money from any federal, state, city, or county government agency?
!!!!!Business Receivables
*Please describe the major people or businesses who owe your company money.
*List any accounts receivable owed to your corporation that have a value of
*500 or more.
*Do you have any commissions or renewals earned that you anticipate receiving in the near future?
!!!!LIABILITIES, CREDITORS, AND FINANCIAL DISTRESS
!!!!!Current Liabilities
*What are the total liabilities for you and your spouse, including the amount of this judgment?
*What are the names and addresses of all your other creditors?
*Are you currently making any payments to any other creditor?
*If so, furnish complete details regarding the amount and frequency of those payments.
*Are you or your spouse a co-maker, guarantor, or endorser on any loan or obligation for someone else?
*Are you currently unable to pay your debts as they mature?
!!!!!Credit and Loans
*Do you or your spouse have any credit cards?
*Can you or your spouse obtain a cash advance on any of those cards?
*Have you applied for a loan from any bank or lending institution in the last five years?
*If a loan was obtained, what specifically did you do with the proceeds?
*Have you issued any financial statement or loan application to anyone during the past three years?
!!!!!Bankruptcy and Insolvency
*Have you or your spouse ever filed for bankruptcy?
*If so, state when, where, and the final disposition of that case.
*Has a receiver, trustee, or custodian ever been appointed for your or your spouse’s property?
*Have you ever made an assignment for the benefit of creditors?
!!!!TRANSFERS AND ASSET DISPOSITION
!!!!!Recent Transfers
*Have you, your spouse, or your business transferred any property or assets worth $5,000 or more in the last six years?
*Have you transferred any property within the past three years for less than its fair market value?
*If so, describe the property and furnish the name and address of the person who received the transfer.
*What property have you disposed of since the service of the Order for this examination?
!!!!!Insider and Fraudulent Transfers
*Within the last year, have you made any payments on a debt owed to a relative or a business insider?
*Within the last two years, have you deposited money into accounts held in the name of another person?
*Does anyone else hold title to or possession of any property in which you have any rights or interests?
*Why did you transfer [Specific Property Name] into the [Specific Trust Name]?
!!!!BOOKS, RECORDS, AND TAX COMPLIANCE
!!!!!Financial Record Keeping
*What specific books and records showing your receipts and disbursements do you currently maintain?
*Where are these books and records physically located at this time?
*Who is the person primarily responsible for maintaining these records?
*Will you make these books and records available for inspection immediately following this hearing?
*Do you have an accountant, CPA, or tax preparer?
*Please state the name, address, and telephone number of your accountant or tax preparer.
!!!!!Income Tax Returns
*Have you filed a federal and state income tax return for each of the last five years?
*Are those returns available for inspection at the conclusion of this hearing?
*Does the federal or state government currently owe you a tax refund?
*If so, furnish the exact amount and the tax year to which the refund applies.
*Has the IRS or any state agency asserted a claim for unpaid taxes against you in the last three years?
*Have you filed any foreign bank account reporting (FBAR) forms in the last five years?
!!!!SPECIFIC QUESTIONS FOR BUSINESS ENTITIES
!!!!!Corporate Structure and Officers
*What is the full legal name and any "Doing Business As" (DBA) names of your business?
*What is the Employer Identification Number (EIN) for each of your business entities?
*Are you an officer, director, member, or managing executive of any corporation or LLC?
*If so, please identify your specific title and the percentage of shares or interest you hold.
*What is the current estimated value of your shares or membership interests in these entities?
*Why was each specific business entity originally established?
!!!!!Business Assets and Operations
*How many employees does your business currently have?
*Does the business own any equipment, furniture, or inventory?
*Does the business own any motor vehicles, and if so, please describe them?
*Does the business have a security deposit with its current landlord?
*List any customers who have provided 5% or more of the company's revenue in the last five years.
*List the top 10 customers by revenue contribution for the current fiscal year.
!!!!!Corporate Banking and Liabilities
*List every bank in which corporate or business funds have been deposited in the last 10 years.
*What are the account numbers and current balances for all business accounts?
*Does the business have any outstanding accounts receivable over
*500?
*Does the company have any judgments against any other person or entity?
*Are there any liens filed against the company with the Secretary of State?
*Does the business owe any taxes to the IRS, Franchise Tax Board, or other public entity?
!!!!CRYPTOCURRENCY AND DIGITAL ASSETS
!!!!!Wallet Identification and Access
*Do you currently own, or have you ever owned, any digital assets, including Bitcoin, Ethereum, or stablecoins?
*Do you possess any "cold storage" hardware wallets, such as a Ledger or Trezor device?
*Where are the private keys or "seed phrases" for your digital wallets physically located right now?
*Have you ever used a multi-signature wallet requiring more than one person to authorize a transaction?
*What are the public wallet addresses for every crypto account you have controlled in the last five years?
*Have you ever deleted or "wiped" a digital wallet or hardware device since this litigation commenced?
!!!!!Exchanges and Mixing Services
*Do you have accounts with any centralized exchanges, such as Coinbase, Binance, or Kraken?
*Have you ever utilized a "mixing service" or "tumbler," such as Tornado Cash, to obscure the origin of your funds?
*Have you used decentralized finance (DeFi) protocols to stake, lend, or provide liquidity for interest?
*Have you ever converted traditional fiat currency into crypto specifically for transfer to a third party?
*Have you purchased any Non-Fungible Tokens (NFTs) or other digital collectibles in the last three years?
!!!!OFFSHORE STRUCTURES AND CROSS-BORDER INTERESTS
!!!!!Foreign Jurisdictions
*Do you maintain any bank accounts or investment portfolios in jurisdictions outside the United States?
*Have you ever established a trust or LLC in the Cook Islands, Nevis, Belize, or similar jurisdictions?
*What is the name and address of the foreign trustee or "protector" for any offshore entity you are involved with?
*Have you ever traveled to a foreign country specifically to meet with a wealth manager or offshore trustee?
*Have you ever used an "offshore LLC" owned by an "offshore trust" to manage domestic assets?
!!!!!Foreign Asset Control
*Do you hold a debit or credit card issued by a foreign bank that is linked to an offshore account?
*Have you ever transferred assets to a "straw man" or "nominee" in a foreign jurisdiction?
*Are you a beneficiary of any foreign foundation or "Anstalt" located in Liechtenstein or Panama?
*Do you hold any foreign citizenship or residency permits (e.g., "Golden Visa") acquired via investment?
!!!!VOIDABLE TRANSACTIONS & "BADGES OF FRAUD"
!!!!!Insider Transfers
*Have you transferred any assets to a "relative" or "insider" within the last four years?
*Did you receive "reasonably equivalent value" in exchange for every transfer of property made in the last two years?
*Was any transfer of property made shortly before or after this judgment was entered?
*Have you ever transferred legal title to an asset while retaining "possession or control" over that asset?
*Was the transfer of [Specific Asset] made after you were threatened with this lawsuit?
!!!!!Solvency and Intent
*Were you "insolvent" or did you have "unreasonably small capital" at the time you made the transfer to [Transferee]?
*Did the transfer of [Asset] involve substantially all of your remaining assets?
*Have you ever "absconded" or concealed your location to avoid service of process or collection?
*Did you incur any new debt shortly before or after the transfer of [Specific Property]?
!!!!ADVANCED CORPORATE & "SHELL" INQUIRIES
!!!!!Alter Ego and Entity Piercing
*Is there a written operating agreement for [Business Name] that governs distributions?
*Does [Business Name] pay for any of your personal expenses, such as your home mortgage or luxury vehicles?
*Are the corporate minutes for your LLC current and physically located at the place of business?
*Has the business ever made a loan to you that remains unpaid and unrecorded?
*Does your business hold any "goodwill" value that has been formally appraised in the last five years?
!!!!!Nominal Ownership
*Do you serve as an officer or director for any company in which you hold 0% equity?
*Are any of your children or relatives listed as owners of a business that you personally manage?
*Does any third party hold "title" to assets that you use daily, such as office equipment or computers?
!!!!LIFESTYLE AND FORENSIC "TRAPS"
!!!!!Wallet and On-Person Assets
*How much cash is in your wallet or purse right now?
*Please produce every credit card, debit card, or membership card currently in your wallet.
*What is the name of the "authorized user" on the credit cards you use for daily expenses?
*Are you currently wearing any jewelry, including watches or rings, valued at over $500?
!!!!!De Facto Control
*How did you pay for the transportation that brought you to this courthouse today?
*Whose name is on the registration of the vehicle you drive most frequently?
*Who pays for your current mobile phone service and data plan?
*Do you have access to any "gift cards" or "pre-paid" debit cards with a balance over
*100?
!!!!FINAL WRAP-UP AND VERIFICATION
*Have you understood all of the questions asked of you today?
*Have you provided the most complete and truthful answers possible under penalty of perjury?
*Do you understand that as long as this judgment remains unpaid, it accrues interest at the legal rate?
*Do you understand that I have the right to examine you again in 120 days if the judgment remains unsatisfied?
*Are there any assets you own or have an interest in that have not been discussed today?
*Is there anything else you would like to state for the record regarding your ability to pay this judgment?
!!!DOCUMENTS TO REQUEST
!!!!PERSONAL IDENTIFICATION & RESIDENCE RECORDS
*Identification: Current driver’s license, state ID card, passport, and any other government-issued photo identification.
*Residence Documentation: All current leases, rental agreements, or grant deeds for your primary residence and any other real property.
*Utility Statements: Recent bills for electricity, water, gas, and telephone services to verify residency and monthly expenses.
*Household Records: List of all persons residing in your home and evidence of any rental income or contributions received from them.
!!!!BANKING & FINANCIAL INSTITUTION RECORDS
*Bank Statements: All monthly statements for checking, savings, and money market accounts for the past two to five years.
*Canceled Checks & Registers: All canceled checks and checkbook registers for all personal and business accounts.
*Savings Passbooks: All savings deposit books or certificates for any active or closed savings accounts.
*Safe Deposit Box Records: All rental agreements for safe deposit boxes and a complete inventory of their current contents.
!!!!INCOME & EMPLOYMENT DOCUMENTATION
*Wage Statements: All pay stubs, wage receipts, and evidence of commissions or bonuses for the last two years.
*Tax Returns: Complete signed copies of federal and state income tax returns, including all schedules (K-1s, etc.), for the last five years.
*Tax Forms: All W-2 and 1099 forms received during the last two years.
*Government Benefits: Documentation of any Social Security, disability, unemployment, or pension payments received.
!!!!REAL & PERSONAL PROPERTY RECORDS
*Real Estate Titles: All deeds, titles, and contracts of sale for any real property owned in whole or in part.
*Mortgage Statements: Current statements for all mortgages, trust deeds, or home equity lines of credit.
*Vehicle Records: Titles, registration certificates, and lease agreements for all automobiles, motorcycles, boats, and aircraft.
*Valuables Inventory: A complete inventory of personal property with an original value exceeding $250, including jewelry, art, and antiques.
!!!!BUSINESS & INVESTMENT RECORDS
*Business Entity Documents: Articles of Incorporation, LLC Operating Agreements, and Partnership Agreements for any entity in which you hold an interest.
*Financial Statements: Current balance sheets and profit and loss (P&L) statements for all business entities.
*Stock & Bond Certificates: All certificates evidencing ownership of stocks, bonds, or other securities.
*Brokerage Statements: Monthly statements for all brokerage, commodity, or cryptocurrency accounts.
!!!!LEGAL, DEBT, & TRANSFER RECORDS
*Judgments & Claims: Copies of all judgments awarded to you and documentation regarding any pending lawsuits or administrative claims.
*Promissory Notes: Copies of all notes, drafts, or instruments where you are the payee or beneficiary.
*Transfer Records: All documents evidencing the sale, gift, or transfer of any assets (exceeding $500–$5,000 depending on jurisdiction) within the last three to six years.
*Trust Documents: Copies of all trust agreements (revocable or irrevocable) where you are a settlor, trustee, or beneficiary.
*Insurance Policies: All active life, health, disability, and property insurance policies.
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!!!Debtor Exam Opinions
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