Judgment Debtor Summons under the Debtor’s Act Under section 24...

Judgment Debtor Summons under the Debtor’s Act

Under section 24 of the Debtors Act (Cap 73), where a judgment or order of a District Court is for the recovery or payment of money, whether by installments or otherwise, the judgment creditor may summon the judgment debtor, or if the judgment debtor is a corporation, an officer of that corporation, to be orally examined before that District Court:

1. •
   respecting the judgment debtor’s ability to pay or satisfy the judgment debt
2. •
   for the discovery of property applicable to such payment and
3. •
   as to the disposal which the judgment debtor has made of such property

Such an application is commonly called a judgment debtor summons. If the judgment debtor, or the said officer thereof, having been duly served with the summons does not appear, the court may order him or her to be arrested and brought before the court to be examined or make an order against the judgment debtor ex parte: Debtors Act, s 24(5). This arrest provision only applies to the non-appearing judgment debtor and should not be confused with Debtors Act, s 3 where the absconding debtor is arrested for examination.
Arrest and imprisonment of judgment debtors

Under Debtors Act, s 3, where a judgment for the payment of money remains wholly unsatisfied, the court may order the judgment debtor to be arrested and brought before it for examination.
The court may make such an order, whether a writ of execution has been issued or not, if it appears that there is probable reason for believing, having regard to the judgment debtor’s conduct, or the state of his affairs, or otherwise, that he or she is likely to leave Singapore with a view to avoiding payment of such money or avoiding examination in respect of his or her affairs.