Short answer: An order for examination of a judgment debtor, called an examination of enforcement respondent under the Rules of Court 2021, requires a named officer of a company that has not paid a court judgment to answer questions on oath about the company’s assets. The officer completes a questionnaire with documents, and attends unless the creditor agrees otherwise.
If your company owes a judgment debt and you have been named in an order for examination of judgment debtor, the court is not asking you to pay personally. It is asking you, as the company’s officer, to explain what the company owns so that the creditor can choose how to enforce. This guide explains the legal basis, who can be ordered to attend, the questionnaire, the hearing, what happens if you stay away, and what the company secretary can assemble beforehand.
Key facts at a glance
- Under the Rules of Court 2021 the old examination of judgment debtor is the examination of enforcement respondent, governed by Order 22 rule 11 (the order itself is made under Order 22 rule 11(5)).
- Where the enforcement respondent is a company, the creditor’s summons must specifically state the appointment of the officer of the company to be examined.
- A questionnaire (Form B42 of the Supreme Court Practice Directions 2021 for a company in the General Division of the High Court) is served with the order and must be answered with supporting documents before the hearing date.
- The hearing is before a deputy registrar (Magistrate’s Court and District Court cases) or an assistant registrar (General Division of the High Court), in chambers, and answers are given on oath.
- The officer need not attend if the answers are given by affidavit or statutory declaration and the creditor agrees to apply for discharge, or if the debt is paid or an instalment plan is agreed and the creditor agrees to discharge the order.
- Staying away without valid reason can lead to committal proceedings, where the penalty can be a fine, imprisonment or both.
- Proceedings are conducted by a Singapore Advocate and Solicitor. The company secretary prepares the corporate records.
Raffles Corporate Services works with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice. This article is general information only and is not legal advice.
What is an examination of judgment debtor when your company owes the money?
It is an enforcement step in which the creditor asks the court to make a company officer answer questions on oath about the company’s assets, so that the creditor can decide how to enforce its judgment. It is a fact-finding exercise, not a new claim and not a finding against you personally.
The Singapore Courts explain that the creditor (the enforcement applicant) may apply to examine the debtor (the enforcement respondent) under oath to find out what assets are available to pay the debt. Once the creditor knows the nature and extent of those assets, it can choose the most suitable method of enforcement, for example seizure and sale of property or attachment of money in a bank account. Our guide to a garnishee order against a company covers the attachment route from the point of view of the person served.
The examination described here happens after judgment, at the enforcement stage. It is different from the public examination of directors by the court in a winding up, which we explain in our guide to public examination of directors in a Singapore winding up. If the company is not yet in liquidation, the enforcement examination is the one you are dealing with.
What is the legal basis, and which officer can be ordered to attend?
The basis is Order 22 rule 11 of the Rules of Court 2021, read with paragraph 145 of the Supreme Court Practice Directions 2021 and paragraph 100 of the State Courts Practice Directions 2021. The order is directed at an officer of the company, and the creditor’s application must say which appointment is meant.
The Courts’ guidance says that where the enforcement respondent is an entity, the appointment of the officer of the entity to be examined must be specifically stated in the summons. In practice the creditor names the person who is likely to know about the company’s finances, often a director. Which individuals can be named is a question of the rule text, and your solicitor should read Order 22 rule 11 against the order you have received.
| Item | Source |
|---|---|
| Examination of enforcement respondent (the former examination of judgment debtor) | Order 22 rule 11, Rules of Court 2021 |
| Order for examination served on the respondent or its officer, with a questionnaire annexed | Order 22 rule 11(5) and paragraph 145(1), Supreme Court Practice Directions 2021 |
| Summons prepared with reference to Form 41, Appendix A (Supreme Court) or Form 41, Appendix A2 (State Courts) | Courts’ guidance on applying for the order |
| Matters governed by the earlier Rules of Court 2014 | Separate Courts page (Order 48 of the old Rules), so check which Rules apply to your judgment |
The Rules of Court 2021 apply to matters under the new Rules. The Courts publish a separate guide for matters that the Rules of Court 2014 apply to, so confirm with your solicitor which set governs a judgment obtained before 1 April 2022.
What happens step by step after the order is served?
You receive the order and a questionnaire, answer the questionnaire with documents, serve your answers on the creditor before the hearing, and then either attend or have the order discharged by agreement. The order itself must be served personally on the officer.
- The creditor files a summons (the Courts’ page notes it may be supported by an affidavit giving the grounds and the unsatisfied judgment) and the court decides the application by a Registrar’s Direction.
- If the application succeeds, the creditor extracts the order and files a Request to Appoint Date for Examination at the Service Bureau, then serves the order with the questionnaire on the officer. The Courts’ committal guidance states that an order for examination under Order 22 rule 11(5) must be personally served.
- The officer completes the questionnaire and includes the documents that support each answer. For a company in the General Division of the High Court the form is Form B42. For State Courts cases it is Form 24 of Appendix A1 of the State Courts Practice Directions 2021.
- The officer serves the completed questionnaire and documents on the creditor or its lawyers before the hearing date stated in the order.
- If the questions are unreasonable, the officer should contact the creditor to see whether the issue can be resolved before the hearing (paragraph 145(2), Supreme Court Practice Directions 2021).
- If the creditor is satisfied, it may apply to discharge the order. If not, both sides attend the examination hearing.
- At the hearing, the answered questionnaire is produced to the Registrar and received as evidence once the officer confirms on oath that the answers are true and correct. The creditor may then apply to discharge the order or ask further questions.
The Courts also say the respondent may choose to be examined at the hearing instead of completing the questionnaire. Whether that is wise is a decision to make with your solicitor.
What documents should the company assemble?
Assemble whatever the questionnaire asks for, because the Courts’ guidance says the respondent must include all documents in support of the answers. The table below is a practical checklist of typical categories for a company. It is not a list taken from the form, so follow the questionnaire you actually receive.
| Document or record | Typically prepared by | Why it is likely to be needed |
|---|---|---|
| Order for examination, questionnaire and proof of the date of personal service | Company secretary logs, solicitor reviews | Fixes the hearing date and the date for serving answers |
| Bank statements and a list of all company bank accounts | Finance team | Shows money that could be attached |
| Latest financial statements and management accounts | Finance team | Shows assets, liabilities and trading position |
| Receivables ledger and key customer contracts | Finance team and company secretary | Shows debts owed to the company that could be attached |
| Fixed asset register, vehicle and property records, leases | Finance team and company secretary | Shows property that could be seized |
| Register of members, register of directors, constitution | Company secretary | Identifies the officers and shareholders and any shares held in other companies |
| Board resolution authorising the response and the solicitor’s instructions | Company secretary | Records who speaks for the company |
| Affidavit or statutory declaration of answers, if attendance is to be waived | Solicitor | Allows attendance to be dispensed with if the creditor agrees |
How long does it take and what does it cost?
The rules fix only some periods, and the hearing date depends on the court’s diary, so no overall timeline can be promised. Court fees are modest, and your solicitor’s fees are the larger cost.
| Item | Period or amount | Source and assumption |
|---|---|---|
| Earliest enforcement application | Not earlier than 3 days after the court order was served on the debtor | Paragraph 139(2), Supreme Court Practice Directions 2021, for the enforcement order. Check how this applies to a stand-alone examination summons |
| Hearing date | Fixed when the creditor files the Request to Appoint Date | No fixed period is stated in the sources checked |
| Creditor’s court fees, General Division of the High Court, claim up to S$1 million | S$100 to file, S$100 to extract the order, S$100 per request plus S$250 per witness per hour | Courts’ fee table. Check the Fourth Schedule of the Rules of Court 2021 for current figures |
| Creditor’s court fees, claim over S$1 million | S$200 to file, S$200 to extract the order, S$200 per request plus S$500 per witness per hour | Courts’ fee table, same caveat |
| Solicitor’s fees for the company’s response | Quoted case by case | No range is stated because none was verified |
These fees are payable by the creditor as the applicant. Whether any enforcement costs can be recovered from the company is a point for your solicitor.
What does the company secretary prepare, and what does the solicitor handle?
The solicitor conducts every court step and advises the officer on the answers. The company secretary assembles the records pack, keeps the corporate record and makes sure the board has authorised the response.
Court proceedings are conducted by a Singapore Advocate and Solicitor. If the company does not have one, it can speak to a Singapore law firm from our panel. Our note on how the corporate service provider and the law firm divide the work sets out the split in more detail, and our overview of the company secretary’s role explains the secretarial side.
A sensible internal routine is to log the date of service, circulate the order to the board, collect the records in the table above, and have the solicitor review every answer before it is signed. The officer swears the answers, so they must be accurate and complete.
Do you have to attend, and what if you do not?
You must attend unless the questions are answered in writing and the creditor agrees to discharge, or unless the debt is paid or an instalment plan is agreed and the creditor agrees to discharge. If you stay away without valid reason, the creditor may start committal proceedings.
Paragraph 145(4) of the Supreme Court Practice Directions 2021 says the respondent need not attend if the answers are given to the creditor by affidavit or statutory declaration before the hearing and the creditor agrees to apply for discharge at the hearing. The Courts add that the respondent does not have to attend if it pays the debt before the hearing, or agrees an instalment plan, and the creditor agrees to discharge the order. Settlement is therefore a real option, and it is worth raising early. For the wider position on paying by instalments, see the Raffles Corporate Services guide to stay of enforcement and paying a judgment by instalments.
If an officer does not attend without valid reasons, the Courts say the creditor may start committal proceedings. Committal is a two-stage process under Order 23 of the Rules of Court 2021. The creditor first applies for permission, then for a committal order, which must be filed within 14 days of permission and served personally at least 21 days before the hearing. The creditor must show beyond reasonable doubt that the breach was intentional, and the court may impose a fine, imprisonment or both, or suspend the order. The Courts describe committal as a measure of last resort. Our guide to contempt of court and committal proceedings involving a Singapore company explains the process in more detail.
What happens after the examination?
The creditor usually applies to discharge the order once it is satisfied, and may then use what it learned to enforce. The company can still settle at any point.
After the examination, the creditor or its lawyers may apply to discharge the order, and may ask the officer to file an affidavit or statutory declaration if needed. The creditor can then choose an enforcement method, and the Raffles Corporate Services guide to enforcing a court judgment against a Singapore company describes the options. The company secretary should file the order, the questionnaire, the answers, the supporting documents and the discharge order together. If a later step such as a winding up follows, the secretary prepares the related ACRA filings with the solicitor.
What mistakes should an officer avoid?
The common errors are ignoring the order, giving incomplete answers, forgetting that the answers are on oath and not seeking a settlement while one is still possible.
- Treating the questionnaire as optional. The Courts expect it to be answered with supporting documents before the hearing date.
- Giving answers that the company records do not support, then discovering at the hearing that the creditor holds bank statements or a ledger showing otherwise.
- Assuming the order is a personal debt. The officer is examined about the company’s assets, but the order is addressed to the named officer and must still be obeyed.
- Missing the chance to settle or agree instalments before the hearing, which can remove the need to attend.
- Relying on guides for the earlier Rules of Court 2014 without checking which Rules apply.
Frequently asked questions
Is an examination of judgment debtor the same as an examination of enforcement respondent?
Yes, in substance. The Rules of Court 2021 use the term enforcement respondent for the judgment debtor and enforcement applicant for the creditor. The Courts’ pages for older matters still use the former name.
Can a director be examined about the company’s assets?
The order names an officer of the company, and the creditor’s summons must state the appointment of the officer to be examined. A director is a common choice, but confirm the exact wording of the order with your solicitor.
Do I have to attend in person?
Not always. You need not attend if you give your answers by affidavit or statutory declaration and the creditor agrees to seek discharge, or if the debt is paid or an instalment plan is agreed and the creditor agrees to discharge the order.
What if I think a question in the questionnaire is unreasonable?
Contact the creditor to see whether the issue can be resolved before the hearing, as paragraph 145(2) of the Supreme Court Practice Directions 2021 provides. Your solicitor can raise it with the creditor’s lawyers.
Where can I read the official guidance?
The Singapore Courts publish guidance on applying for an order for examination of enforcement respondent, on committal proceedings, and the Supreme Court Practice Directions 2021, Part 16 set out the questionnaire procedure.
Need help with this?
Our team at Raffles Corporate Services can prepare the resolutions, registers and ACRA filings, and where court proceedings or legal advice are needed, we work with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice.
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Last reviewed: 9 November 2026. The Editorial Team, Raffles Corporate Services.
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