| |
Part III.
EXAMINATION OF DEBTORS.
|
|
|
District Justice may order attendance of debtor for examination as to means.
|
19.—(1) If and whenever any person (in this Part of this Act called a creditor) shall produce to a District Justice sitting for a court district situate in a county or county borough to which this Part of this Act applies primâ facie evidence—
|
|
| |
(a) that any debt is due to the creditor under a judgment of a competent court, and
|
|
| |
(b) that the person (in this Part of this Act called the debtor) by whom the said debt is payable is ordinarily resident in the court district for which the District Justice is then sitting, and
|
|
| |
(c) that the debtor has no goods which could be taken in execution under any process of the court by which the said judgment was given,
|
|
| |
the District Justice may make an order (in this Part of this Act called an examination order) that the debtor do attend before him on a specified date to be examined as to his means, and do also not less than one week before the said specified date lodge with the District Court Clerk a statement in writing (in this Part of this Act called a statement of means) setting forth his assets and liabilities, his income, earned and unearned, and the means by which it is earned or the source from which it is derived, and the persons for whose support he is legally or morally liable.
|
|
| |
(2) The creditor shall be entitled to inspect and take or obtain copies of the statement of means at any time after it is lodged pursuant to the foregoing sub-section.
|
|
| |
(3) In this section the word “judgment” includes any order or decree, and in this Part of this Act the word “debt” includes any balance of a debt remaining due after payment or recovery of part thereof.
|
