When an execution is returned unsatisfied the judgment creditor may petition the court which rendered the judgment to enter an order requiring the judgment debtor to appear and be examined under oath concerning his means of satisfying the judgment.
Rule 76.27.Examination of Judgment Debtor.
Part I · Rule 76: Executions · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 76.27 allows a judgment creditor whose execution came back unsatisfied to petition the court that entered the judgment for an order making the debtor appear and answer under oath about the debtor's ability to satisfy the judgment.
Full Text of Rule 76.27
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rules 76.64, 76.65, 76.66, 76.67 and 76.68.
Plain-English Summary
Sometimes an execution fails outright — the sheriff finds nothing to levy, or not enough to cover the judgment. Rule 76.27 gives the creditor a next move at that point: petition the court that rendered the judgment for an order compelling the debtor to appear and submit to examination under oath.
The examination focuses squarely on the debtor's means of satisfying the judgment. It is the creditor's chance to question the debtor directly about assets, income, or other resources that an execution failed to reach, rather than giving up after an unsatisfied return.
This rule works hand in hand with Rule 76.28's discovery provisions, which give the creditor additional formal discovery tools. Together, these mechanisms let a creditor keep pursuing a judgment even after the sheriff's initial effort to collect on it comes up empty.
Frequently Asked Questions
When can a judgment creditor seek an examination of the debtor under this rule?
When an execution has been returned unsatisfied.
What must the creditor do to obtain the examination?
Petition the court that rendered the judgment to enter an order requiring the debtor to appear and be examined.
What is the debtor examined about?
The debtor's means of satisfying the judgment.
Must the examination be conducted under oath?
Yes, the rule requires the debtor to be examined under oath.
Which court handles this petition?
The court which rendered the underlying judgment.
How does this examination relate to formal discovery tools?
It works alongside the broader post-judgment discovery mechanisms available under Rule 76.28, giving the creditor more than one way to investigate the debtor's assets.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: debtor examinationpost-judgment examinationunsatisfied executionexamination under oath