Montana Judgment Debtor Examination: How to Find Out What the Debtor Owns

Why a Debtor Examination Matters

You won your case. The debtor has not paid. And you have no idea where they work, where they bank, or what they own. This is one of the most common sticking points in Montana judgment collection, and it is exactly what the debtor examination is designed to solve.

Under MCA § 25-14-101, Montana law lets you haul the judgment debtor into court and question them under oath about their finances. It is called "Proceedings in Aid of Execution" — also known as supplementary proceedings — and it is your primary tool for turning a vague "they owe me money" situation into actionable intelligence you can use for wage garnishments, bank levies, and property seizures.

The Prerequisite: An Unsatisfied Writ

You cannot jump straight to a debtor examination. There is a statutory prerequisite: a Writ of Execution must first be issued and returned unsatisfied (wholly or partly) by the sheriff. In practice, this means you request a writ, the sheriff attempts to levy it, and when it comes back with nothing collected (or not enough), you file the unsatisfied return with the court. That return is your ticket to requesting the examination.

This requirement exists to show the court you tried normal enforcement first and it did not work.

Requesting the Examination

Once you have the unsatisfied Return of Execution filed with the court, you submit a motion under MCA § 25-14-101 asking the judge to order the debtor to appear. The court issues two documents:

1. An order compelling the debtor to appear at a specific date, time, and location
2. A subpoena duces tecum — a court order requiring the debtor to bring specific financial records

Both documents must be personally served on the debtor by the sheriff or a process server in the county where the debtor lives. Montana law restricts the examination to the debtor's county of residence — you cannot force someone who lives in Flathead County to travel to Yellowstone County for the hearing.

What Records to Request

The subpoena duces tecum is where you lay out exactly what the debtor needs to bring. Typical requests include:

• Recent pay stubs or earnings statements (3-6 months)
• Federal and state tax returns for the prior year
• Bank statements for all checking, savings, and investment accounts
• Vehicle titles and registration documents
• Real estate deeds or mortgage statements
• Business records and accounts receivable, if the debtor is self-employed

Be specific. "All financial records" is too broad and may be challenged. "Bank statements for all accounts at any financial institution for the period January 2026 through present" gives the court something concrete to enforce.

What Happens at the Hearing

The debtor appears before the judge (or an appointed referee) and answers questions under oath. You can ask about:

• Employment: Current employer, job title, pay frequency, gross and net income
• Bank accounts: Institution names, branch locations, approximate balances
• Real property: Any land or homes owned in Montana or elsewhere
• Vehicles: Year, make, model, outstanding loan balance, and estimated value
• Other income: Rental income, side jobs, regular payments from any source
• Debts owed to the debtor: Anyone who owes them money

You are limited to questions about the debtor's own assets. Asking about a spouse's separate property or a family member's finances is improper unless you have evidence of fraudulent transfers.

What If the Debtor Does Not Show Up

If the debtor was properly served and fails to appear, contact the court about the next step for enforcing its order.

Turning the Information Into Collection

The examination gives you the specifics you need to fill out targeted Praecipes. Now you know the employer's name and address (for wage garnishment), the bank and branch (for a bank levy), whether they own a vehicle worth seizing, and whether a real property lien would be productive.

Armed with that information, you go back to the clerk for a new Writ of Execution and submit a Praecipe with the details you learned. The examination is the intelligence-gathering phase; the writ and Praecipe are the action phase.

For the complete enforcement workflow — from the debtor examination through every collection tool and the final Satisfaction of Judgment — see our Montana Judgment Collection Guide.

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