Delaware Judgment Debtor Examination: How to Find Debtor Assets

You have a judgment but no idea where the debtor works, what they own, or whether they have any money at all. This is the single biggest obstacle for most judgment creditors in Delaware — and it's the reason the Justice of the Peace Court provides a formal asset discovery mechanism.

Post-Judgment Discovery Under Rule 69

Under JP Civil Rule 69, a creditor may apply for an order or subpoena directing the debtor to answer written interrogatories or appear for a formal examination. The application may request financial records such as tax returns, bank statements, pay stubs, and vehicle titles.

You apply to the court for the order, specifying the hearing date, location, and the financial records you want the debtor to bring. A constable serves the order on the debtor, or it can be delivered via certified mail.

What to Ask

The debtor examination is your one shot to map the debtor's financial life. Ask about:

• Current employer name, address, pay rate, and frequency — this is what you need for a wage garnishment (Form 17)
• Bank accounts and other funds — Delaware banks are exempt from standard attachment under 10 Del. C. § 3502(b), but debts owed to the debtor by non-banking businesses, such as trade receivables, may be reached through Form 17
• Vehicles — make, model, year, VIN, and whether there's an existing loan or lease
• Real property — any land, homes, or commercial property in Delaware's three counties
• Other income sources — rental income, business receivables, side employment, or contract payments from non-bank entities
• Other debts and judgments — knowing whether another creditor already has an active garnishment tells you whether wage attachment is even available right now

When the Debtor Doesn't Show Up

If the debtor is properly served and doesn't appear, you can't issue an arrest warrant on your own. The next step is a motion for an order to show cause — asking the court to require the debtor to explain why they didn't comply. Under 10 Del. C. § 9506, a party who disobeys a court order or refuses to assist with execution can face civil contempt proceedings, which can result in monetary sanctions or coercive confinement.

The show-cause path adds time, but it's real leverage. Most debtors who ignored the first examination order take the contempt hearing seriously.

Public Records You Can Check First

Before requesting a formal examination, several public sources can narrow your search:

• Delaware Division of Corporations — reveals corporate entity status, registered agents, and officer names if the debtor operates a business
• County Recorder of Deeds (New Castle, Kent, Sussex) — shows real property ownership, parcel descriptions, and recorded mortgages
• CourtConnect (courtconnect.courts.delaware.gov) — shows existing judgments, liens, and pending litigation involving the debtor

These are lawful public record sources, subject to state and federal privacy and debt collection laws. What you can't do: access private banking databases, impersonate the debtor, contact third parties to embarrass them about the debt, or use pretexting to obtain financial information. Those methods violate the Fair Debt Collection Practices Act and Delaware consumer protection statutes.

Using What You Learn

The examination results tell you which enforcement tool to use. If the debtor has a steady job, wage garnishment is your best path. If they own a vehicle free and clear, a property levy might work. If they own real estate, a judgment lien through the Superior Court Prothonotary is the long-game play.

The Delaware Judgment Collection Guide includes a structured debtor examination question list organized by asset type, plus a decision flowchart for matching the debtor's asset profile to the right enforcement tool.

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