N316 Application for Debtor Questioning
Form N316 is used to bring a debtor to court for questioning about their finances after you've won judgment. This helps you gather information about their ability to pay and plan your enforcement strategy.
N316 Application Form
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.
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
What 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 debtorsApply for an order for a debtor to attend court
For questioning individual debtors about their financial situation
Form N316A
Company debtorsApplication for order that officer of the debtor company attend court for questioning
For questioning company directors or officers about the company's finances
Process and Costs
The Process:
- 1. Complete and file Form N316/N316A
- 2. Pay the court fee
- 3. Court serves the order on the debtor
- 4. Debtor attends court hearing
- 5. You question the debtor about finances
- 6. 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:
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Quick Reference
N316 - Individual Debtors
For questioning individuals about their finances
N316A - Company Officers
For questioning company directors/officers
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
Also Known As
Previously called "Request for an Oral Examination" or "Oral Examination Order"