A judgment debtor exam is a legal proceeding where a creditor can question a debtor under oath about their financial situation to discover assets that may be used to satisfy an outstanding judgment. It’s a serious process, and what you say can significantly impact the outcome. Here are key things you should avoid saying at a judgment debtor exam.
1. “I Don’t Have Any Assets”
While it may seem like a straightforward way to avoid complications, claiming you have no assets without proper documentation can backfire. If the creditor discovers otherwise, you could face accusations of dishonesty, leading to further legal consequences. Always be truthful about your financial situation.
2. “I Forgot” or “I Don’t Remember”
Frequent use of phrases like “I forgot” or “I don’t remember” can appear evasive and uncooperative. If you genuinely don’t recall specific details, explain why and offer to provide the information as soon as possible. Consistent inability to recall details might prompt the court to scrutinize your testimony more closely.
3. “I Transferred Property to Avoid Paying”
Never admit to transferring assets to friends or family members to avoid paying a judgment. Such statements can lead to allegations of fraudulent conveyance, which is illegal. If the court finds you transferred property to evade creditors, they can reverse the transfer and take legal action against you.
4. “It’s None of Your Business”
Being defensive or refusing to answer questions can be perceived as contempt of court. The judgment debtor exam is a court-ordered procedure, and you are legally obligated to answer questions about your finances. Refusing to cooperate can lead to penalties, including fines or jail time.
5. “I Didn’t Report All My Income”
Admitting to not reporting all your income on tax returns or to creditors can have serious legal repercussions. Such admissions can lead to charges of tax evasion or fraud, complicating your financial and legal situation. Always provide accurate and honest information about your income.
6. “I Plan to File for Bankruptcy”
While considering bankruptcy is a legitimate option, disclosing your intention to file during the debtor exam can prompt the creditor to take swift action to secure their interests. It’s better to discuss bankruptcy options with an attorney before mentioning it to creditors.
7. Inaccurate Information
Providing false or misleading information during a debtor exam is perjury, a serious offense that can result in criminal charges. Always ensure the information you provide is accurate and truthful to avoid additional legal trouble.
8. Revealing Irrelevant Personal Issues
While it’s important to explain your financial difficulties, avoid divulging unnecessary personal details that do not pertain to your financial situation. Stick to answering the questions directly and providing relevant information to maintain the focus on your financial status.
9. Promises You Can’t Keep
Avoid making promises or commitments to pay amounts you realistically cannot afford. If you promise to make a payment plan but fail to follow through, it will damage your credibility. Instead, discuss feasible options with the creditor or your attorney.
Navigating a judgment debtor exam requires careful consideration of what you say. Honesty and accuracy are paramount to avoid legal repercussions and additional complications. Preparing thoroughly with the help of an attorney can ensure you provide the necessary information without incriminating yourself or worsening your situation. By understanding what not to say and how to present your financial status accurately, you can better manage this challenging legal process.