Singapore legislation
Section 24
Section 24
Judgment debtor summons
(1)
Where a judgment or an order of a District Court is for the recovery or payment of money, whether by instalments or otherwise, the party entitled to enforce it (hereinafter called the judgment creditor) may, subject to such rules as may be prescribed, summon the judgment debtor or, if the judgment debtor is a corporation, an officer of that corporation, to be orally examined before that District Court respecting the judgment debtor’s ability to pay or satisfy the judgment debt and for the discovery of property applicable to such payment and as to the disposal which the judgment debtor has made of such property.
(2)
The judgment debtor or, where the judgment debtor is a corporation, the officer thereof, who has been summoned shall, when called upon, produce all books, papers or documents in his possession or power relating to such property.
(3)
The judgment creditor may issue an order to attend court against any person whom he considers likely to be able to supply information respecting the judgment debtor’s ability to pay the judgment debt or respecting his property.
(4)
Whether the judgment debtor or, where the judgment debtor is a corporation, the officer thereof, appears or not, the judgment creditor and other witnesses may be examined on oath respecting the matters aforesaid.
(5)
If the judgment debtor or, where the judgment debtor is a corporation, the officer thereof, having been duly served does not appear, the court may —
order him to be arrested and brought before the court to be examined; or
make an order against the judgment debtor in the absence of the judgment debtor.
(6)
Upon such examination or non-appearance referred to in subsection (5), the court may order the judgment debtor to pay the judgment debt either —
in one sum whether forthwith or within such period as the court may fix; or
by such instalments payable at such times as the court may fix.
(7)
If the judgment debtor makes default in payment according to any such order, a notice in the prescribed form may be issued on the request of the judgment creditor, calling upon the judgment debtor to attend before the court at a time stated in the notice and show cause why he should not be committed to prison for such default.
(8)
Such notice shall be personally served upon the judgment debtor, and if, on the day so named, or on any subsequent day to which the matter may be adjourned, no sufficient cause is shown by the judgment debtor, the court may commit him to the civil prison for a term which may extend to 6 weeks or until earlier payment of any instalment or instalments or other sum due.
(9)
A debtor shall not be committed to prison under this section unless it appears that, since the date of the order directing payment, whether forthwith, or within a specified period or by instalments, he has had sufficient means to comply with the order.
(10)
A District Court may discharge or vary any order made under this section, or may suspend its operation.
(11)
Subject to the Rules of Court and notwithstanding anything in section 2, the powers conferred by subsections (5) and (6) may be exercised by the Registrar of the State Courts sitting in open court.