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Examinations in Aid of Execution

Winning at trial is half the battle. Although the court may make a monetary judgment award as against the defendant, the judgment still has to materialize. Individuals or companies who refuse to pay a judgment award can be subject to an “examination in aid of execution” at the instance of the judgment creditor (formerly the “plaintiff”).

An examination in aid of execution is a powerful tool meant to determine which of the judgment debtor’s (formerly the “defendant”) property can be sold and which of the defendant’s accounts can be garnished so as to convert the foregoing into cash and satisfy judgment. On examination, judgment debtors are expected to reveal a great deal of financial information and disclose financial and bank statements.

Individuals who fail to appear at an examination in aid of execution without a justifiable reason can be compelled by a court order to do so or fail being held in contempt.