Debtors Exam?

[lotsahats]

I'm just trying to look ahead and imagine a worst-case scenario, just in case I get a judgement against me before I can file BK (which, the way things are going, may not be as soon as originally planned).

So, what happens at a debtors exam?

Since I'm judgement proof, what could happen at my exam?

And, how hard is it to get a judgement dismissed after the discharge (if "dismissed" is the proper term)?

[AngelinaCat]

In our case, it was an examination to see what we had done with the money, after we had sold a judgment note (NOT the same kind of Judgment in your case). Most of it was filed for particular s instances such as a tune-up and tires for the car. After that, we had a preferential, insider payment to our ('Hub)'s child, and another one to our God-daughter.

We had not been properly educated by our attorney, and we did many things we should NOT have. The above situation was one of them. We did not have any problems at the exam, whatever. But they would not listen to anything that we tried to say about our shabby attorney.

The exam boiled down to one specific question, and that was asking what we did with the money we got from selling a mortgage note. The first paragraph gives the layout of our situation.

I hope this helps.~~~~

[SunshineGal]

Your talking about a debtors exam for a state judgment...correct? In FL the courts will require you to fill out a form within so many days listing what property you own, bank account numbers, how much money you make, etc. I would *guess* that there would be similar questions face to face. Also, if you file prior to the hearing/date paperwork needs to be back then it should stop the exam. As for what could happen, as long as you comply with the order probably nothing.

[lotsahats]

Your talking about a debtors exam for a state judgment...correct?

I suppose so. If State Court is where cases of unpaid credit card debt are held, then yes.

[ttg1]

You need to check with your state laws because there is no national standard. In my state the debtor's exam is done by the county sheriff when he shows up at your door.

[lotsahats]

You need to check with your state laws because there is no national standard. In my state the debtor's exam is done by the county sheriff when he shows up at your door.

Yikes! That's not good.

[GoingDown]

It varies from state to state. In Arizona it is very much like a deposition. They can ask any question they want to ask.

I saw one at the justice court level and the lawyers were exasperated because the defendent was so vague on purpose-- lots of "I don't remember" statements were used to screw with them.

It is a very unusual thing, it rarely happens, and is not worth worrying about.

But if someone called me in for one, I would certainly have a great deal of memory loss about things they could not prove, such as how much cash I have hidden under my bed, etc.

And you never bring any assets with you to the exam. For example, leave cash, pre-paid debit cards, and anything of value at home.

[kornellred]

If you are in a state where you are required to appear before a judge in order to undergo a debtor's exam, a bench warrant for your arrest will be issued if you do not show up. No big deal, although getting arrested is nobody's idea of fun.

[frogger]

Since I'm judgement proof, what could happen at my exam?

And, how hard is it to get a judgement dismissed after the discharge (if "dismissed" is the proper term)?

If you're "judgment proof", why worry?