Tennessee Debtor Examination: How to Find a Judgment Debtor's Assets

When You Don't Know What the Debtor Has

You have a final Tennessee judgment, but you don't know where the debtor works, where they bank, or what they own. Guessing costs money — every garnishment writ that comes back empty is $75 in filing and service fees wasted. A debtor examination lets you put the debtor under oath and ask directly.

How It Works

Under T.C.A. § 26-2-115, the judgment creditor can request a formal examination of the judgment debtor in General Sessions Court:

1. File an application with the General Sessions Clerk for a Subpoena for Examination of Judgment Debtor
2. The clerk issues the subpoena, which the sheriff or constable must serve on the debtor at least 5 days before the hearing date. Service fee: $50.
3. The debtor appears in court under oath before the presiding judge
4. You ask questions about their financial situation — employer, pay rate, bank accounts, real property, vehicles, business interests, tax returns

You can also request a Subpoena Duces Tecum, which compels the debtor to bring specific financial documents to the hearing: recent bank statements, pay stubs, tax returns, vehicle titles.

What You Can Ask About

The examination covers everything relevant to finding assets you can reach:

• Current employer name and address, job title, pay rate and schedule
• All checking and savings accounts (bank names, branch locations, approximate balances)
• Real property ownership in any Tennessee county
• Vehicles titled in the debtor's name
• Business ownership or equity interests
• Income from any source — rental income, side work, investment returns
• Outstanding debts owed to the debtor by third parties

What Happens If the Debtor Doesn't Show

If the debtor is properly served and doesn't appear, you file a Motion for Show Cause. The clerk issues an order directing the debtor to explain why they should not be held in civil contempt for ignoring a judicial subpoena.

If the debtor still doesn't appear at the show-cause hearing, the judge can issue an Attachment Pro Corpore — a civil writ directing the sheriff to bring the debtor before the court.

One important line: the Tennessee Constitution (Article I, Section 18) prohibits imprisonment for debt. The contempt process is about disobeying a court subpoena, not about failing to pay. No judge can jail someone simply for being unable to pay a civil judgment.

Other Ways to Find Assets

A debtor examination isn't the only discovery tool. You can also:

• Search the Register of Deeds in any county where you think the debtor owns real property
• Request vehicle title information through the Tennessee Department of Revenue's authorized records process
• Search the Secretary of State portal for corporate or LLC filings connected to the debtor
• Review old checks or payment records from the original transaction — they often reveal bank account information

All asset discovery must go through lawful channels. Pretexting — posing as a bank representative or government official to get account numbers — violates the Gramm-Leach-Bliley Act and Tennessee fraud statutes.

Strategy: Examine First, Then Enforce

A debtor examination before any garnishment filing is almost always the most cost-effective sequence. One $50 hearing can reveal the employer, the bank, and any property — giving you enough information to target your enforcement precisely instead of filing blind.

The Tennessee Judgment Collection guide covers the full debtor examination process, including sample questions to ask, how to handle a debtor who claims exemptions, and how to use the information you gather to choose between wage garnishment, bank levy, and property execution.

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