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§ 842.Debtor's Appearance and Answer Regarding Property - Subpoena - Contempt Citation Or Bench Warrant Upon Failure to Appear - Discovery - Attorney Fee

Chapter 13: Limitation of Actions · Last amended November 1, 2011 · Last verified August 3, 2026

In one sentenceSection 842 lets a judgment creditor get a court order compelling the debtor to answer about the debtor's property, backed by contempt or a bench warrant, and lets the creditor's attorney subpoena the debtor or others or serve written discovery, with a capped attorney fee added to what's owed.

Full Text of § 842

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A. At any time after a final judgment, order, or decree is filed, on application of the judgment creditor, a judge of the court in which the final judgment, order, or decree was rendered shall order the judgment debtor to appear before the judge, or a referee appointed by the judge, at a time and place specified in the order, to answer concerning the judgment debtor's property. The judge may, by order, enjoin the judgment debtor from alienating, concealing, or encumbering any of the judgment debtor's nonexempt property pending the hearing and further order of the court. Upon the judgment debtor's disclosure of any nonexempt property, proceedings as provided by law may be had for the application of the property to the satisfaction of the judgment. If the judgment debtor is personally served with an order to appear pursuant to this section, the judge issuing the order may authorize the issuance of either a contempt citation or a bench warrant for the judgment debtor's failure to comply with the order. If the judgment debtor is served by other than personal service, the judge may authorize the issuance of a contempt citation for the judgment debtor's failure to comply with the order.
B. At any time after a final judgment, order, or decree is filed, an attorney for a judgment creditor may:
1. Subpoena the judgment debtor, pursuant to Section 2004.1 of this title, to appear at any place in the county in which the judgment, order, or decree was rendered, or the judgment debtor's county of residence, to answer concerning the judgment debtor's property, income, or liabilities, or to produce documents concerning the debtor's property, income, or liabilities. The judgment debtor shall not be entitled to an attendance fee or mileage;
2. Subpoena any person, pursuant to Section 2004.1 of this title, to appear at any place in the county where the person is located, or where service may otherwise be had on the person, to answer concerning the judgment debtor's property, income, or liabilities, or to produce documents concerning the judgment debtor's property, income, or liabilities; or
3. Serve interrogatories, requests for admissions, or request for production of documents, pursuant to Section 3224 et. seq. of this title, upon the judgment debtor, concerning the judgment debtor's property, income, or liabilities.
C. Failure by any person, without good cause, to obey a subpoena issued and served pursuant to this section by personal service may be deemed a contempt of the court from which the subpoena issued.
D. In addition to sums otherwise due under a final judgment, order, or decree if an order, subpoena, citation for failure to obey an order to appear or discovery request is served upon the judgment debtor or any person under this section, the judgment creditor shall be entitled to costs of service and, if represented by an attorney, to an attorney fee of One Hundred Dollars ($100.00) for each order or subpoena to appear, citation for failure to obey an order or subpoena to appear, and discovery request; provided, attorney fees awarded pursuant to this subsection relating to a judgment, order, or decree shall not exceed Three Hundred Dollars ($300.00) in any calendar year.

Amendment History

R.L. 1910, § 5190; Amended by Laws 1965, HB 928, c. 300, § 2; Amended by Laws 1999, SB 751, c. 293, §8, eff. 11/1/1999; Amended by Laws 2001, SB 382, c. 177, §1, eff. 11/1/2001; Amended by Laws 2004, SB 1275, c. 450, §2, eff. 11/1/2004; Amended by Laws 2011, SB 527, c. 187, §3, eff. 11/1/2011.

Plain-English Summary

Section 842 gives judgment creditors two overlapping tools for finding a debtor's assets. Under the first, the judge orders the debtor to appear before the judge or a referee and answer concerning the debtor's property, and may enjoin the debtor from alienating, concealing, or encumbering nonexempt property while the hearing is pending. A debtor personally served with that order who fails to comply faces a contempt citation or a bench warrant; a debtor served some other way faces only a contempt citation.

The second track runs through the creditor's attorney directly, without a separate court order. The attorney may subpoena the debtor to appear and answer about property, income, or liabilities, or to produce documents, without owing the debtor an attendance fee or mileage; subpoena any other person the same way; or serve interrogatories, requests for admission, or requests for production. Failing to obey a personally served subpoena without good cause can be treated as contempt.

All of this comes at a cost to the debtor. Beyond the judgment itself, an attorney-represented creditor recovers the costs of service plus a $100 fee for each order or subpoena to appear, each citation for failing to obey one, and each discovery request, though that fee total is capped at $300 in any calendar year for a given judgment.

Frequently Asked Questions

How does a judgment creditor find out what property a debtor has?

The creditor can ask the court to order the debtor to appear before the judge or a referee and answer questions about the debtor's property, or have an attorney subpoena the debtor or third parties, or serve interrogatories and document requests.

Can the court stop a debtor from hiding assets while this is pending?

Yes. The judge may enjoin the debtor from alienating, concealing, or encumbering nonexempt property pending the hearing and further order.

What happens if the debtor doesn't show up after being personally served with the order?

The judge may authorize a contempt citation or a bench warrant for the debtor's failure to comply.

Does the debtor get paid for showing up to answer questions?

No. A judgment debtor subpoenaed under this section isn't entitled to an attendance fee or mileage.

Can the creditor recover the cost of chasing down this information?

Yes. An attorney-represented creditor can recover costs of service plus a $100 fee for each order, subpoena, citation, or discovery request, capped at $300 per calendar year for a given judgment.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: debtor's examination oklahomapost judgment discovery oklahomasubpoena judgment debtor oklahomaasset discovery after judgment oklahoma