Mississippi Judgment Debtor Examination: How to Find What a Debtor Owns

You won your case in Mississippi Justice Court, but you have no idea where the debtor works, which bank they use, or whether they own anything worth seizing. Before spending $60 on a garnishment writ that might hit an empty account, a judgment debtor examination lets you compel the debtor to disclose their finances under oath.

What a Debtor Examination Is

The examination is authorized by Miss. Code §§ 13-1-261 through 13-1-271, which RJC Rule 25(b) incorporates into Justice Court practice. It is the only formal post-judgment discovery tool directly available in Justice Court — standard written interrogatories under MRCP Rules 33 and 34 do not automatically apply.

The procedure puts the debtor on the witness stand, under oath, to answer questions about every asset category: employer and wages, bank accounts, vehicles, real property, investment accounts, and debts owed to the debtor by third parties.

How to File

After the mandatory 10-day post-judgment waiting period, you file a written Motion for Examination of Judgment Debtor in the Justice Court that rendered the judgment. The judge issues an order commanding the debtor to appear at a specific date, time, and place.

If the debtor lives in a different county, Miss. Code § 13-1-263 allows you to file the motion in any court of competent jurisdiction in the county where the debtor can be found.

A constable personally serves the examination order on the debtor.

The Subpoena Duces Tecum

File this alongside the examination order. It directs the debtor to bring specific financial records to the hearing:

• Federal and state tax returns for the past two years
• Bank statements (checking, savings, investment) for the past 12 months
• Pay stubs or 1099 forms from the past 90 days
• Vehicle titles, land deeds, and property lease agreements

Without the subpoena, the debtor shows up empty-handed and answers vaguely. With it, you have documents to cross-reference their testimony against.

What to Ask

Focus on actionable information — things that tell you which enforcement tool to use next:

• Current employer name, address, and pay frequency
• Names and branches of every bank where they hold accounts
• Whether any accounts receive direct-deposited federal benefits
• Real property they own (location, approximate equity)
• Vehicles, equipment, or inventory they own
• Other judgments or liens against them
• Whether they have filed or plan to file bankruptcy

If the Debtor Does Not Show Up

A debtor who has been personally served and fails to appear faces a Motion for Contempt under Miss. Code § 13-1-271 and RJC Rule 26. The court can issue a bench warrant for arrest or impose fines until the debtor complies.

Using the Information

The examination results point directly to your next step. If the debtor is employed above the garnishment floor ($217.50/week disposable), wage garnishment is the clearest path. If they have funds in a bank account, a bank garnishment can freeze those funds. If they own real property, enrolling a judgment lien protects your position. If they own business assets above the $10,000 personal property exemption, a writ of execution may be warranted.

The Mississippi Judgment Collection Guide includes a Debtor Examination Preparation Sheet with a structured question list and a decision matrix for matching examination findings to the right enforcement tool.

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