February 21, 2017
Picture this all-too-common scenario: A creditor fiercely attempts to enforce its judgment against a debtor. It jumps through all of the proper hoops: waiting 28 days from the date of the judgment, obtaining a garnishment, and recording a judgment lien. Despite these valiant efforts, the judgment has not been satisfied. The creditor pulls out the next tool in its tool belt, a debtor’s exam. The creditor tees up the debtor’s exam and issues a subpoena. The creditor shows up for the hearing but the debtor does not. Thereafter, the court issues a bench warrant for the debtor’s failure to comply with the terms of the subpoena.