Judgment Debtor Examination Louisiana: How to Find What the Debtor Owns

You have a judgment, but you do not know what the debtor owns or where they bank. A judgment debtor examination — sometimes called a "judgment debtor rule" in Louisiana practice — lets you compel the debtor to show up in court, testify under oath about their finances, and bring their financial records with them.

The Legal Basis

Judgment debtor examinations are governed by La. C.C.P. arts. 2451 through 2456. Under La. C.C.P. art. 2452, a judgment creditor can file a motion requesting one, and the court will order the debtor to appear and answer questions about their income, bank accounts, real estate, vehicles, and other assets.

How to File

1. Prepare the motion: File a Motion for Judgment Debtor Examination in the court that rendered your judgment. If the debtor has moved to another parish, you may transfer the judgment to the court in their new domicile.

2. Include a Subpoena Duces Tecum: This is a court order requiring the debtor to bring specified financial documents to the hearing. Request:

   • Recent federal and state tax returns
   • Pay stubs for the last 3–6 months
   • Bank statements (checking, savings, investment) for the last 12 months
   • Vehicle titles and registrations
   • Real property deeds
   • Business financial records (if the debtor owns a business)

3. Advance the filing fee: Expect $60–$120. This is recoverable from the debtor (La. C.C.P. art. 2455), but you pay upfront.

4. Personal service: The court order must be served personally on the debtor by a sheriff, marshal, or constable. The hearing date must be at least five days after service (La. C.C.P. art. 2453). Mail service is not sufficient.

What Happens at the Hearing

The debtor appears before the judge, is placed under oath, and you (or your attorney) question them about their financial situation. The examination covers:

• Where they work and what they earn
• Bank accounts and current balances
• Real estate they own, in any parish
• Vehicles, including title status and liens
• Other valuable property (business equipment, receivables, investments)
• Other debts and garnishments

The debtor's testimony is recorded. Importantly, under La. C.C.P. art. 2454, testimony given during a judgment debtor examination cannot be used against the debtor in a criminal prosecution. This protection exists to encourage honest disclosure.

What If the Debtor Doesn't Show Up

If the debtor has been personally served with the court order and fails to appear, you file a Motion for Contempt under La. C.C.P. art. 2456. The court issues a rule to show cause — the debtor must appear and explain why they should not be held in contempt.

If they fail to appear again or cannot justify their absence, the judge can hold them in constructive contempt of court. Consequences include fines and potentially a civil bench warrant (attachment) for arrest. Only the judge can impose these sanctions — you as the creditor cannot threaten arrest or jail for nonpayment of a civil debt.

Using What You Learn

The examination gives you the information you need to choose the right enforcement tool:

• Debtor is employed: File a wage garnishment
• Debtor has bank accounts with non-exempt funds: File a bank garnishment
• Debtor owns real estate: Record a judicial mortgage
• Debtor has valuable movable property: Request a Writ of Fieri Facias for seizure and sale

Public Records You Can Check First

Before spending money on a formal examination, you can do some legwork yourself through public databases:

• Parish Clerk of Court records: Conveyance and mortgage records show real estate ownership.
• Louisiana Secretary of State: Business entity filings reveal whether the debtor owns or operates a company.
• Louisiana Office of Motor Vehicles: Vehicle title searches (where authorized by public records rules).
• UCC filings: Show personal property subject to existing security interests.

If these searches turn up clear assets — a known employer, real estate, a business — you may be able to skip the examination and go straight to garnishment or a lien. The examination is most valuable when you genuinely do not know what the debtor has.

For the complete asset discovery process and enforcement decision framework, see our Louisiana Judgment Collection Guide.

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