What is a debtor’s exam?
A debtor’s exam is a legal process that is used in Washington under creditors’ rights law. It occurs when a creditor is seeking to force repayment of a debt that a debtor refuses to pay voluntarily. The exam is also known as an examination under oath or a debtor’s deposition. During the exam, a court-appointed officer will question the debtor under oath, in the presence of the creditor, about any and all debts the debtor may owe. The debtor must answer all questions truthfully, including questions about their assets, income, debts, and any property owned by the debtor. The creditor is usually allowed to ask questions as well. The purpose of the debtor’s exam is to determine if the debtor has the ability to repay the debt and identify any assets or income that could be used to satisfy the debt. Based on the debtor’s answers, the court may order them to make payments or sign a repayment plan that takes into account the debtor’s income and expenses. If the debtor refuses to answer questions or lies under oath, they may be found in contempt of court, which could result in further legal action.
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