About Debtor Questioning
Form N316 is used by the claimant, once they have won judgment, to bring the defendant to court for questioning. This used to be known as a 'Request for an Oral Examination'. The new title is less ambiguous but rather longer.
This can be useful in trying to establish whether the defendant has the means to pay.
- Gather information about debtor's finances
- Only available after winning judgment
- Helps plan enforcement strategy
- Debtor must attend court in person
Need Help Completing? More details on how to fill in this form can be found in our enforcement guide. View Enforcement Guide
When to Use Debtor Questioning
Debtor questioning is an information-gathering tool rather than a direct enforcement method. Here's when it's most useful:
After Judgment *
You must have already obtained judgment in your favour.
Debtor Not Paying *
The debtor has failed to pay the judgment amount.
Information Gathering
You need to find out about the debtor's assets and income.
Before Other Enforcement
Useful before deciding which enforcement method to use.
* Required before you can apply for debtor questioning
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Start My ClaimWhat Information You Can Gather
During the questioning session, you can ask the debtor about various aspects of their financial situation to help you decide on the best enforcement approach:
Questions You Can Ask:
- Details of their income and employment
- Bank accounts and savings
- Property they own or have an interest in
- Other assets like vehicles, investments, or valuable items
- Debts they owe to other people
- Regular expenses and outgoings
- Any changes in their financial circumstances
Important Notes:
- The debtor must answer questions truthfully
- They can be held in contempt if they refuse to attend
- You cannot force them to make payments at the hearing
- The information helps you choose the right enforcement method
- Consider the cost vs. potential benefit
Choosing the Right Form
There are two versions of the debtor questioning form depending on whether you're dealing with an individual or a company:
Form N316 — Individual Debtors
Apply for an order for a debtor to attend court
For questioning individual debtors about their financial situation.
Download from GOV.UK
Form N316A — Company Officers
Application for order that officer of the debtor company attend court for questioning
For questioning company directors or officers about the company's finances.
Download from GOV.UK
Process and Costs
The Process:
Complete and File
Complete and file Form N316/N316A.
Pay the Court Fee
Submit the form with the required fee.
Court Serves the Order
Court serves the order on the debtor.
Debtor Attends Hearing
Debtor attends court hearing.
Question the Debtor
You question the debtor about finances.
Plan Enforcement
Use information to plan enforcement.
Consider:
- Application fee required
- Debtor may need to travel to court
- Information gathering only
- No guarantee of payment
- May reveal no recoverable assets
Next Steps After Questioning
Based on the information you gather, you can then choose the most appropriate enforcement method:
- N323 Warrant of Control (if they have goods/assets)
- N337 Attachment of Earnings (if employed)
- N349 Third Party Debt Order (if they have bank accounts)
- Complete enforcement options guide
Also Known As: Previously called "Request for an Oral Examination" or "Oral Examination Order"
Prerequisites:
- Must have judgment
- Debtor not paying
- Court fee required
Remember:
- Information gathering only
- Doesn't force payment
- Helps plan enforcement
- Consider costs vs. benefits