Summons for Oral Examination
If you are unsure if the debtor is employed or what assets the debtor has, the registrar can issue a summons that directs the debtor to attend the Court and under oath, provide details as to their current financial situation.
The Creditor (the person who is owed the money) issues a summons for oral examination (Form 67A) against the debtor (the person who owes the money) in order for them to be brought before the Court to answer questions under Oath as to their financial circumstances, such as details of their income, assets and expenses.
- A Summons for Oral Examination ('SOE') may be issued against an individual or an officer of a company.
- The examination is conducted by a Deputy Registrar at the closest Court location to where the Debtor resides.
- The Creditor must send 3 copies of the SOE to the Court where the order was made for issue, with the filing fee. If more than one person is to be summonsed, additional SOE’s must be issued.
- The Court will issue the SOE’s and give a date of hearing. All copies of the SOE will be returned to the Creditor.
- The Creditor must arrange for a copy of the SOE and a Form 67B or 67C (whichever is appropriate) and a suitable amount of conduct money, to be served personally on the Debtor at least 7 days prior to the hearing date.
- Before the hearing date, the Creditor must file with the Court where the SOE will be heard:
- An original copy of the SOE;
- An affidavit of service of the SOE
- Hearing fee.
At the examination:
- The Registrar will conduct the examination, and ask questions of the Debtor as contained in the questionnaire, Forms 67B or 67C. The Creditor may appear, however this is not required. After the examination, a copy of the questionnaire will be forwarded to the Creditor.
- If the Debtor fails to appear at the examination hearing, a warrant may be issued for the arrest of the Debtor, to compel their attendance at a further hearing.