Sworn Testimony
The debtor answers under oath. False statements expose the debtor to perjury and obstruction. The pressure of testifying often produces accurate disclosures the Fact Information Sheet did not.
A Florida judgment debtor examination is a sworn deposition of the debtor about assets, income, transfers, and ability to pay. The creditor obtains a court order compelling the debtor's appearance, and document subpoenas may accompany. Failure to appear or to produce records can result in contempt proceedings and a bench warrant.
Why Debtor Examinations Work
Document Production
Subpoenas can require bank statements, tax returns, contracts, sale records, and gift documentation. Documents corroborate or contradict testimony and reveal assets the debtor would not volunteer.
Third-Party Witnesses
Spouses, business partners, accountants, and family members can be examined separately about debtor assets and transfers. Conflicting testimony often opens fraudulent transfer claims.
Contempt Power
Failure to appear after proper service, refusal to answer, or refusal to produce documents results in contempt. Court can issue a bench warrant or sanctions to compel compliance.
How a Debtor Exam Is Conducted
- Motion and order. Creditor files a motion for examination. Court issues an order setting date, time, and location, often court-supervised.
- Service. The debtor is personally served with the order and any document subpoenas. Service is required for contempt power.
- Document production. Documents are produced before or at the examination. Insufficient production can be raised at the exam or in a follow-up motion.
- Examination. Sworn testimony, transcribed by a court reporter. Lines of inquiry: bank accounts, employer and income, real property, vehicles, business interests, recent transfers, gifts, and beneficial interests.
- Follow-up motions. Based on testimony, the creditor may file new garnishments, proceedings supplementary, or fraudulent transfer actions.
People Also Ask
What is a debtor's examination in Florida?
A Florida debtor's examination is a court-ordered deposition of a judgment debtor about assets, income, transfers, and ability to pay. Held under oath, it can include document subpoenas. Failure to appear after proper service is contempt and can result in a bench warrant.
Can the debtor refuse to answer?
The debtor must answer relevant, non-privileged questions about assets and income. Fifth Amendment privilege may apply to questions that genuinely incriminate, but most asset questions do not qualify. Refusal to answer can result in contempt proceedings and renewed examination.
How do I subpoena documents in a Florida debtor exam?
A subpoena duces tecum is issued with the examination order, listing categories of documents the debtor must produce. Common categories: bank statements, tax returns, sale and gift records, business contracts, and titles to vehicles or real property.
What if the debtor lies in a Florida debtor exam?
False sworn testimony exposes the debtor to perjury under §837.02, F.S. (a felony) and may support contempt sanctions. Documentary evidence contradicting testimony is the most reliable basis for a perjury referral or contempt motion. Consequences are real but require corroboration.
Debtor Won't Disclose Assets?
Debtor examinations are an effective tool when the Fact Information Sheet returns empty. We coordinate filing and examination support.
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Last reviewed: April 2026