Art. 2453.Motion; Order; Service
Book IV. Execution of Judgments · Title II. Money Judgments · Chapter 5. Examination of Judgment Debtor · Enacted 2006 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 2453
Amendment History
Acts 2006, No. 12, §1.
Plain-English Summary
Article 2453 spells out the mechanics for launching a judgment-debtor examination. The judgment creditor, acting personally or through an attorney, files a written motion, and the court acts on it ex parte -- without notice to the debtor and without a hearing on whether to grant it.
That ex parte step only gets the creditor an order; it does not put the debtor on the stand. The order fixes a time for the debtor to appear in court for examination, and by law that time cannot be less than five days from when the motion and order are served on the debtor or the debtor's attorney of record. The debtor gets notice of the examination itself, even though the creditor did not have to give notice before obtaining the order that sets it up.
The order also reaches beyond oral testimony. It can direct the debtor to bring books, papers, and other documents relating to the property described in the motion, so the creditor is not limited to what the debtor says from memory and can compare answers against the debtor's own records.
Frequently Asked Questions
Does the judgment debtor get notice before the examination order is issued?
No. The order is obtained on an ex parte motion, without notice to the debtor. The debtor gets notice afterward, through service of the motion and order, before the examination itself takes place.
How much advance notice must the debtor get before appearing?
At least five days from the date the motion and order are served on the debtor or his attorney of record.
Can the examination order require the debtor to bring records?
Yes. The order can direct the debtor to produce books, papers, and other documents relating to the property described in the motion.
Who can file the motion for a judgment-debtor examination?
The judgment creditor, either personally or through an attorney.