Ohio Debtor Examination Questions: What to Ask to Find Hidden Assets

You won the judgment, the debtor will not pay, and you do not know where their money is. The debtor examination — authorized under ORC 2333.09 and ORC 1925.13 — puts the debtor under oath before a judge or magistrate and requires answers about their finances. But the examination is only as useful as the questions you ask.

How the Examination Works

After filing a Motion and Affidavit for an Order Requiring Judgment Debtor to Appear, the court schedules a hearing. The debtor is served with the court's order and must appear at the courthouse. The debtor is placed under oath. You (or your attorney) ask questions, and a judge or magistrate oversees the proceeding.

You can also request a Subpoena Duces Tecum under Civ.R. 69, commanding the debtor to bring specific financial documents: bank statements, pay stubs, tax returns, vehicle titles, and real estate deeds. Getting these documents in front of you during the examination is far more valuable than relying on the debtor's verbal answers alone.

Questions About Employment and Income

Start here — wages are the most commonly garnished asset in Ohio small claims collections.

• Where are you currently employed? What is the name and address of your employer?
• What is your job title and how long have you worked there?
• How often are you paid — weekly, biweekly, or monthly?
• What is your gross pay each pay period? What is your take-home pay after deductions?
• Do you have any other sources of income — side work, freelance contracts, rental income, commissions?
• Are you owed any money by anyone — unpaid invoices, loans you made, pending insurance claims?
• Have you changed jobs in the last 12 months? If so, where were you employed before?

If the debtor works for an employer, you have a clear path to wage garnishment. If they are self-employed, ordinary wage garnishment may not reach that income — but you may find other assets or accounts receivable.

Questions About Bank Accounts

Bank account attachments under ORC 2716.11-21 can freeze non-exempt funds in an identified account. To use this tool, you need to know where the money is.

• At which banks or credit unions do you have accounts? List each institution.
• What type of account is each — checking, savings, money market?
• What is the approximate current balance in each account?
• Are any accounts held jointly with another person? Who?
• Have you closed any bank accounts in the last 12 months? Where were they held?
• Do you receive any direct deposits? From whom, and into which account?
• Do you have any certificates of deposit, investment accounts, or brokerage accounts?

The debtor must answer truthfully under oath. A knowing false answer about an account may constitute perjury; the court can also enforce its lawful orders through contempt proceedings.

Questions About Real Property

If the debtor owns real estate in Ohio, you can seek a judgment lien by filing a Certificate of Judgment with the Common Pleas clerk in the county where the property is located.

• Do you own any real estate in Ohio or any other state? Where is it located?
• Is the property your primary residence?
• How much do you owe on any mortgage or home equity loan?
• What is the approximate current market value?
• Have you sold, transferred, or deeded any real property in the last two years?
• Is any property held in a trust, LLC, or another person's name?

Ohio's homestead exemption under ORC 2329.66(A)(1)(b) protects up to $182,625 in equity. If the debtor's home equity is at or below that threshold, a lien still attaches — it just means you cannot force a sale. The lien pays when the debtor eventually sells or refinances.

Questions About Vehicles and Personal Property

Property execution through the sheriff or bailiff can reach vehicles and other tangible assets, though Ohio exemptions protect some value.

• Do you own any vehicles — cars, trucks, motorcycles, boats, recreational vehicles?
• For each vehicle: year, make, model, and approximate value?
• Is there a loan or lien on any vehicle?
• Do you own any business equipment, tools, inventory, or machinery?
• Do you have any valuable personal property — jewelry, electronics, collectibles, firearms?
• Have you transferred, sold, or given away any significant property in the last year?

Ohio exempts one motor vehicle up to $5,025 in equity under ORC 2329.66(A)(2). Tools of trade are exempt up to $3,200. The wildcard exemption covers $1,675 in any property.

Questions About Debts and Obligations

Understanding what the debtor owes others tells you where you stand in the priority line.

• Do you owe any other judgments? To whom and how much?
• Are there any other garnishments currently active against your wages?
• Are you in an active trusteeship under ORC 2329.70?
• Have you filed or are you considering filing bankruptcy?
• Do you pay child support or alimony? How much per month?

If there is already an active wage garnishment, your garnishment queues behind it — Ohio processes garnishments in the order they are served on the employer.

What to Do With the Information

The examination is reconnaissance. Afterward, match what you learned to the right enforcement tool:

• Employed with steady wages → wage garnishment (15-day demand, then file within the 15-to-45-day window)
• Known bank account → bank attachment (no 15-day demand needed, freezes funds on service)
• Real estate with equity → judgment lien through Common Pleas and county recorder
• Vehicle with equity above exemption → property execution through the bailiff or sheriff

If the debtor reveals nothing — no job, no bank accounts, no property above exemptions — they may be judgment-proof for now. That does not mean forever. A judgment can become dormant after 5 consecutive years without an execution or garnishment proceeding, or a Certificate of Judgment filing, and may be revived within 10 years after dormancy. Circumstances change.

The complete debtor examination procedure, including the filing forms and what to do if the debtor fails to appear, is covered in the Ohio judgment collection guide.

See more Ohio guides →