If the judgment debtor does not comply with the Examination Notice within the period of time given in the notice (at least 28 days) you can ask the court to issue an Examination Order. This is an order that the judgment debtor must come to court to answer questions and show documents about their financial position. This is called 'examination'.
The judgment debtor has failed to comply with the Examination Notice if:
For more information on issuing an Examination Notice, see
Examination Notice - Step by step guide.
There are 6 steps you should follow:
You will need the following forms:
You can get copies of forms from:
An application for an Examination Order must be supported by an affidavit, which is in the Notice of Motion form.
You can fill out the Examination Order form in neat handwriting in blue or black pen. You can also fill it out on your computer screen. The
Guide to Completing Approved Forms has instructions on how to do this.
To fill in the Notice of Motion - Examination Order and the Examination Order, you will need to have the following information ready:
It will help to have your copy of the Examination Notice with you while you fill out the forms.
A copy of the Examination Notice you posted to the judgment debtor must be attached (annexed) to the Notice of Motion.
The judgment debtor must come to the courthouse named in the Examination Order. This will be the court where judgment was entered. If the debtor lives or works more than 30 kilometres from the court where the judgment was entered the examination hearing will be at the court nearest to the debtor. If you do not list the correct location, the court staff may change the venue. Go to your nearest
For detailed instructions see:
Instructions for filling out a Notice of Motion - Examination Order
Sample Notice of Motion - Examination Order
Instructions for filling out an Examination Order
Sample Examination Order
The Notice of Motion - Examination Order and the Examination Order forms must be filed with the court. You should file the original signed documents and three copies. One of the copies will be for you, one copy for the judgment debtor and one copy to be annexed to the Affidavit of Service. The filing fee is $84.00 for an individual and $168.00 for a corporation (as at 1 July 2016). Check the
The court officer will complete the section titled 'When and Where to attend court' on the Examination Order. This will tell the judgment debtor the time, date and place to attend for examination.
The Examination Order must be served on the judgment debtor:
You can pay for a professional process server to serve the Examination Order or arrange it yourself.
An order for examination must be served on the judgment debtor at least 14 days before the day on which he or she is required to attend for examination.
If a professional process server serves the Examination Order, they will also prepare an Affidavit of Service.
If you served the Examination Order yourself or arranged for a friend or relative to do it, the person who served the Examination Order needs to fill out and sign an Affidavit of Service. For more information, see
Instructions for filling out an Affidavit of Service,
Sample Affidavit of Service 1 and
Sample Affidavit of Service 2.
The judgment debtor might object to, that is they may disagree with, providing the documents you have asked for or attending the court to be examined. They might also argue that they don't owe the money or that the amount is incorrect. The judgment debtor can make an application to the court asking for the default judgment to be set aside and to stay the enforcement. You will be served with a copy of the application. If this happens to you, you should get
On the date given, you must go to court for the examination. The examination process is an informal process between you and the judgment debtor - it's not a formal hearing, and the court registrar or magistrate is not usually involved.
You should ask the judgment debtor questions about their income, assets and other debts, and provide documents about their financial circumstances.
For example, you could ask the judgment debtor things like:
You should also ask them to give you the documents you listed in your application for an examination order, such as:
This information can help you decide the best way to enforce the judgment. If the debtor does not answer questions, you should tell the registrar. They will advise the debtor that the questions have to be answered. If the debtor still refuses, the registrar can refer the matter to a magistrate.
If the examination is at a court a long way from where you live, you can ask the registrar at that court to conduct the examination on your behalf.
For more information, see
Examination Notice and Examination Order - Frequently Asked Questions.