Enforcement of judgments - Oral examination

Learning Outcomes

This article outlines oral examination (order to obtain information) in enforcing civil judgments, including:

• The purpose and legal basis of oral examination (order to obtain information) within the CPR framework and its role in civil judgment enforcement
• The step-by-step application process under CPR Part 71, including choosing the correct form (N316 or N316A) and drafting tailored questions and document requests
• Service, notice and hearing arrangements, including personal service requirements, time limits, and when a case may be transferred to the debtor’s local court
• How the examination is conducted in practice, contrasting judicial questioning with court officer questioning, and the effect of giving evidence on oath
• Debtor and corporate officer obligations, the scope of permissible questioning, and how privilege and the privilege against self-incrimination operate
• Consequences of non-compliance and false information, with emphasis on penal notices, contempt under CPR Part 81, committal, and warrants of arrest
• Using the information obtained to select and justify appropriate enforcement methods such as third-party debt orders, charging orders, warrants/writs of control, attachment of earnings, and insolvency routes
• Common practical pitfalls, exam traps, and how SQE1 candidates should analyse short scenarios involving missing service, defective orders, or inadequate questioning
• Cost and proportionality considerations, including when an order to obtain information is a strategically sensible step compared with proceeding directly to other enforcement remedies.

SQE1 Syllabus

For SQE1, you are required to understand the function and process of oral examination as a method of enforcing money judgments, with a focus on the following syllabus points:

• The purpose and legal basis of oral examination (order to obtain information) in judgment enforcement
• The application procedure and requirements under CPR Part 71
• The conduct of the examination, including the debtor’s obligations and consequences of non-compliance
• How information obtained guides subsequent enforcement actions (e.g., third-party debt orders, charging orders, attachment of earnings)
• The interaction of oral examination with other enforcement methods
• The minimum unpaid threshold and who may apply to examine (a person entitled to enforce a judgment or order)
• The correct forms (N316 for individuals; N316A for corporate debtors) and key content of the order, including a penal notice and document-production requirements
• Service requirements (personal service and time limits) and the court’s power to transfer the hearing to the debtor’s local court
• When to seek judicial (rather than court officer) questioning and how to propose additional, tailored questions
• The scope of questioning, privilege against self-incrimination, and limitations on questioning about third-party assets
• Sanctions for non-compliance and the link to CPR Part 81 contempt applications, including warrants of arrest and committal
• Practical cost considerations and using the record of answers to support subsequent enforcement applications

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the main purpose of an oral examination (order to obtain information) in the context of enforcing a money judgment?
2. Who conducts the questioning at an oral examination, and what are the debtor’s obligations?
3. What are the possible consequences if a judgment debtor fails to attend an oral examination or provides false information?
4. How can information obtained from an oral examination assist a creditor in choosing the most effective enforcement method?

Introduction

When a creditor obtains a money judgment, enforcing payment is not automatic. If the debtor does not pay voluntarily, the creditor may need to investigate the debtor’s financial circumstances to decide which enforcement method is most likely to succeed. The oral examination—now formally called an "order to obtain information"—is a key tool for this purpose. It compels the debtor to attend court and answer questions about their assets, income, and liabilities under oath. Although sometimes colloquially viewed as “enforcement”, this process is strictly an information-gathering mechanism; it does not itself seize assets or compel payment. It often follows failed or uncertain enforcement efforts, and it is particularly valuable where the creditor lacks reliable information about the debtor’s employer, bank accounts, or real property.

Key Term: order to obtain information
A court order requiring a judgment debtor (or, for companies, an officer) to attend court and answer questions under oath about their financial circumstances, to assist enforcement of a judgment.

The Purpose and Legal Basis

Oral examination is governed by CPR Part 71. Its purpose is to provide the creditor with up-to-date, accurate information about the debtor’s means. This helps the creditor decide which enforcement method—such as a third-party debt order, charging order, or attachment of earnings—will be most effective.

The legal framework is designed to ensure that enforcement steps are targeted rather than speculative. Questioning is confined to matters relevant to enforcement of the judgment and the debtor’s ability to pay. The court may require production of documents to verify the debtor’s answers. Where there is a corporate judgment debtor, Part 71 permits the examination of an appropriate officer of the company who is likely to have knowledge of the company’s assets and liabilities.

Key Term: CPR Part 71
The section of the Civil Procedure Rules that sets out the procedure for obtaining an order to obtain information from a judgment debtor.

Applying for an Order to Obtain Information

A creditor can apply for an order to obtain information if at least £50 of the judgment debt remains unpaid. The application is made to the court that gave the judgment, using Form N316 (for individuals) or N316A (for companies or other corporations). The application must include details of the judgment, the amount outstanding, and the debtor’s address. It is commonly made without notice. In practice, the court which made the judgment will often transfer the hearing to the debtor’s local court or hearing centre for convenience.

The forms allow the creditor to ask the court to require the debtor to bring specific documents (for example, three to six months’ bank statements, recent payslips, P60 or tax returns, mortgage statements or tenancy agreements, vehicle registration documents, share certificates, or business accounts). For corporate debtors, typical documents include recent management accounts, annual accounts, bank statements, debtor and creditor ledgers, and details of real property and chattels. The creditor may also request that a judge, rather than a court officer, conduct the questioning where complexity, suspected concealment of assets, or anticipated non-cooperation makes judicial oversight appropriate.

Once the order is made, the court will fix a hearing date and serve the order personally on the debtor at least 14 days before the hearing. The order will specify the documents (such as bank statements or wage slips) the debtor must bring. Personal service is generally required because the order contains a penal notice warning of possible committal for non-compliance. If personal service proves difficult, the court has discretion to direct alternative service, but for any later committal application the creditor will usually need to show either personal service or clear evidence that the debtor knew of the order and its terms.

Some courts attach a standard financial questionnaire and require the debtor to complete it and bring it to the hearing. The creditor should check that the debtor’s address is current and provide any information about special arrangements needed (for example, an interpreter). If the creditor seeks additional, tailored questions, these should be set out with reasons in the application so the court can include them in the order. Any application fee and reasonable process server fees are generally recoverable as costs of enforcement, at the court’s discretion.

Key Term: personal service
Delivery of court documents directly to the person required to respond, ensuring they are aware of the order and hearing.

Conduct of the Examination

At the hearing, the debtor attends court and is questioned under oath by a court officer (or, in some cases, a judge). The creditor or their solicitor may attend and request additional questions, but only the court officer or judge may ask them. The debtor must answer truthfully about:

• Employment and income
• Bank accounts and savings
• Property and other assets
• Liabilities and debts
• Any other relevant financial matters

If the debtor is a company, an officer (such as a director or company secretary) will be required to attend and answer questions about the company’s assets and liabilities. The order should, where possible, name an officer likely to have relevant knowledge. If the officer who attends lacks the necessary information, the court may order that a different, better-informed officer attend a further hearing and bring specified documents.

The examination is conducted on oath or affirmation. A record of the questions and answers is made and kept on the court file; the creditor can obtain a copy. The court officer will typically work from a standard list of questions and then add any tailored questions approved by the court. The hearing is normally relatively short and focused, but it may be adjourned to a further date if required documents are missing or if the debtor’s answers indicate that more information is needed.

Ordinary rules about privilege apply. The debtor must answer questions relevant to enforcement unless legally privileged, for example where the answer would disclose confidential legal advice or would genuinely tend to incriminate the debtor in a criminal offence. If privilege is claimed, the judge (or officer, if referred) decides whether the privilege genuinely arises. Privilege does not extend to avoiding disclosure of means, assets, or income merely because the debtor prefers not to reveal them.

Key Term: court officer
A court official (not the creditor or their solicitor) who conducts the questioning at an oral examination.

Consequences of Non-Compliance

If the debtor fails to attend, refuses to answer questions, or does not provide required documents, they may be held in contempt of court. The court can issue a warrant for their arrest or, in serious cases, commit them to prison. Providing false information under oath is also contempt and may result in imprisonment.

The order will contain a penal notice. Before making any committal order, the court must be satisfied that the debtor was duly served with the order and knew of the obligation to attend, answer questions, and bring documents. Procedural requirements under CPR Part 81 (contempt) apply, including the need for evidence (often by witness statement) proving service and breach. Committal is a last resort and may be suspended on terms (such as attendance at a rearranged examination and production of documents) if the debtor demonstrates genuine difficulty (for example, illness) rather than wilful non-compliance.

For corporate debtors, sanctions for non-compliance fall on the officer named in the order. If the officer fails to attend or obstructs the examination, the court may make a committal order against that officer personally or issue a warrant for their arrest. A company itself cannot be imprisoned, but it can be the subject of other enforcement measures once information is obtained.

Key Term: contempt of court
Disobeying a court order or acting in a way that undermines the authority of the court, punishable by fines or imprisonment.

Using Information Obtained

The information gathered at the oral examination enables the creditor to select the most appropriate enforcement method:

• If the debtor is employed, an attachment of earnings order may be suitable.
• If the debtor has funds in a bank account, a third-party debt order may be effective.
• If the debtor owns property, a charging order may be considered.
• If the debtor has valuable goods, a warrant of control may be used.

The creditor may also request further orders if the debtor’s answers suggest assets are being concealed or transferred. For example, if the debtor describes recent transfers of assets to relatives for little or no value, the creditor might consider insolvency proceedings (where appropriate), an application to set aside a transaction defrauding creditors, or a charging order over a beneficial interest in jointly owned property. Where the judgment was obtained in the High Court but the debtor is employed, note that an attachment of earnings order is a County Court process; the judgment can be transferred to the County Court for that purpose.

Answers given on oath can be used to support subsequent applications. Typical examples include using employer details for an attachment of earnings application, precise bank account details for a third-party debt order, or title details for a charging order against identified property. If the debtor is self-employed, information about trading bank accounts and receivables may point towards third-party debt orders or instructing enforcement agents to seize goods. If the debtor’s assets are located outside the jurisdiction, the creditor will consider whether domestic enforcement is viable or whether recognition and enforcement abroad is needed.

Worked Example 1.1

Scenario: A creditor obtains a judgment for £12,000 against Mr. Patel, who does not pay. The creditor applies for an order to obtain information. At the hearing, Mr. Patel reveals he is employed and has a savings account with £3,000.

Answer:
The creditor can now apply for an attachment of earnings order (to deduct from Mr. Patel’s wages) or a third-party debt order (to seize funds from the savings account), using the information obtained at the oral examination.

Worked Example 1.2

Scenario: A company, XYZ Ltd, owes £25,000 under a judgment. The creditor applies for an order to obtain information. The company’s director attends but refuses to answer questions about company assets.

Answer:
The director is in contempt of court. The creditor can ask the court to issue a warrant for the director’s arrest or seek committal to prison for non-compliance.

Worked Example 1.3

Scenario: A debtor does not attend the examination and has not contacted the court. The order was personally served 18 days before the hearing and contained a penal notice requiring attendance and production of bank statements.

Answer:
The creditor should ask the court to list the matter before a judge to consider a warrant of arrest or committal for contempt. Evidence of personal service and non-attendance will be required. The court may issue a warrant or make a suspended committal order requiring the debtor to attend a re‑listed examination and bring the documents.

Worked Example 1.4

Scenario: An officer of a corporate debtor attends but states they have no knowledge of the company’s bank accounts or debtors. They have brought no documents.

Answer:
The court can order that a different, appropriate officer (for example, the finance director) attend a further hearing and produce specified documents such as bank statements and ledgers. The court may award the creditor the costs of the abortive hearing and warn of contempt consequences for further non-compliance.

Worked Example 1.5

Scenario: Ms. Lee is a self-employed graphic designer. At the examination she discloses two business bank accounts, regular invoices to a large client, and ownership of a modest car. She has no employer.

Answer:
An attachment of earnings order is not available against a self-employed debtor. The creditor should consider a third-party debt order against the identified bank accounts, a warrant of control (bearing in mind exemptions and proportionality), or, if appropriate, insolvency proceedings depending on the overall debt and prospects.

Worked Example 1.6

Scenario: Mr. and Mrs. Khan jointly own their home with a small mortgage. Mr. Khan is the sole judgment debtor. At the examination, he admits there is approximately £120,000 equity.

Answer:
A charging order over Mr. Khan’s beneficial interest may be appropriate. The creditor should verify ownership and any restrictions via Land Registry searches. The record of Mr. Khan’s answers supports the application and informs whether, after obtaining a charging order, an order for sale would be proportionate and realistic.

Exam Warning

If the debtor is evasive or provides incomplete information, do not assume the examination is pointless. The creditor can request the court to order the debtor to produce specific documents or to attend a further hearing. Persistent non-compliance can lead to serious sanctions. Do not conflate this process with enforcement itself; it yields information to target enforcement. Ensure personal service and a penal notice are in place—without proof of proper service and knowledge of the order, contempt proceedings may fail.

Revision Tip

Before applying for an order to obtain information, check whether the debtor’s address is current. Personal service is required, and delays may occur if the debtor cannot be located. Seek a judge to conduct questioning where complexity or non-cooperation is anticipated, and tailor your request for documents so that the answers will directly support the most likely enforcement route (for example, bank statements for third-party debt orders, or mortgage statements for charging orders).

Summary

• Oral examination (order to obtain information) is a key step in enforcing money judgments.
• It compels the debtor to disclose financial details under oath.
• The procedure is set out in CPR Part 71.
• Non-compliance can result in contempt of court and imprisonment.
• Information obtained guides the choice of enforcement method.
• The application is made on Form N316 (individuals) or N316A (corporations) and may be made without notice.
• The order must generally be served personally at least 14 days before the hearing and will include a penal notice and a list of documents to bring.
• A court officer conducts the questioning; a judge may do so where appropriate. The creditor may attend and propose further questions, but cannot question directly.
• Ordinary privilege applies; the debtor must answer relevant questions unless privileged.
• For corporate debtors, an appropriate officer must attend; if they lack knowledge, the court can order attendance of another officer and further document production.
• Committal and arrest are last-resort sanctions, requiring compliance with CPR Part 81 and proof of service and breach.
• The record of answers can be used to support subsequent enforcement applications such as attachment of earnings, third-party debt orders, charging orders, warrants/writs of control, or insolvency steps.

Key Point Checklist

This article has covered the following key knowledge points:

• Oral examination (order to obtain information) is used to investigate a debtor’s means when enforcing a money judgment.
• The procedure is governed by CPR Part 71 and requires a court application and personal service on the debtor.
• The debtor must attend court, answer questions under oath, and bring specified documents.
• Failure to comply can lead to contempt of court, arrest, or imprisonment.
• Information obtained is used to select the most effective enforcement method, such as attachment of earnings, third-party debt order, or charging order.
• Applications use Forms N316 (individual) or N316A (corporation) and may request tailored questions and document production.
• A court officer normally conducts the examination; a judge may do so if complexity or non-cooperation is expected.
• For companies, an appropriate officer must attend; if unprepared, the court may order a better-informed officer to attend and bring documents.
• Service must usually be personal and at least 14 days before the hearing; a penal notice is essential for any contempt consequences.
• Answers given on oath can be relied on to support subsequent enforcement applications and to test the viability of insolvency routes.

Key Terms and Concepts

• order to obtain information
• CPR Part 71
• personal service
• court officer
• contempt of court