What steps or actions are required to schedule and conduct a post-judgment debtor's exam?

A Michigan post-judgment debtor’s exam is typically initiated by motion/application and affidavit, then scheduled by court order or subpoena issued by a judge under the statutory supplementary-proceedings scheme. The exam can require the debtor (and, in some circumstances, third parties holding the debtor’s money or property) to appear, testify under oath, and produce records; the court may adjourn and continue the examination as needed.[1][5][6]

Governing Michigan authority

The core statutes are MCL 600.6104 and MCL 600.6110. Under MCL 600.6104, after a money judgment the judge may, on motion in the action or a subsequent proceeding, compel discovery of the debtor’s assets, prevent transfers, order satisfaction from nonexempt property, appoint a receiver, and enter other appropriate orders to carry out the statute’s purpose.[6] Under MCL 600.6110, upon an affidavit showing to the judge’s satisfaction that a person has the debtor’s money/property or is indebted to the debtor, the judge may issue a subpoena requiring the debtor, that person, or both to appear and be examined under oath and to produce relevant books, papers, or records.[5]

Michigan Court Rule MCR 2.621 confirms that a judgment creditor may pursue discovery after judgment either through the ordinary discovery rules or through the statutory supplementary-judgment procedures; the Court of Appeals has explained that these are alternative routes, not conflicting requirements.[2]

Practical steps to schedule and conduct the exam

1. Confirm the judgment and identify the target

You first need a valid money judgment and a factual basis to believe the debtor has assets, income, or records relevant to collection.[5][6]

Typical targets include:

• the judgment debtor;
• employers or other persons indebted to the debtor;
• banks, lenders, or other third parties with relevant records or property.[5][6]

2. Prepare the supporting affidavit or motion

For a statutory debtor’s exam under MCL 600.6110, the statute requires an affidavit “showing to the satisfaction of the judge” that the person has money/property of the debtor or is indebted to the debtor.[5]

For broader supplementary relief under MCL 600.6104, the creditor may proceed by motion in the original action or a subsequent proceeding to compel discovery of property and obtain other post-judgment remedies.[6]

3. Obtain the court’s authorization

A debtor’s exam subpoena under MCL 600.6110 must be issued by a judge. Michigan’s subpoena form instructions expressly note that if requesting a debtor’s examination under MCL 600.6110, the subpoena must be issued by a judge.[3][4]

So, in practice:

• file the motion/affidavit or request for post-judgment relief;
• present the proposed subpoena/order to the judge;
• have the judge sign/authorize issuance.

4. Serve the subpoena/order

Once issued, serve the debtor and any third parties in accordance with the Michigan court rules governing subpoenas and service. Michigan Court Rule MCR 2.506 governs subpoenas generally and permits subpoenas requiring attendance and/or production of evidence.[7]

5. Conduct the examination

At the hearing/exam:

• the debtor appears at the specified time and place;
• the debtor is examined under oath;
• the debtor can be required to produce books, papers, or records relating to assets or income;
• the creditor may question the debtor and, as allowed, other witnesses.[5]

The statute also provides that a corporate debtor must appear through an officer, and the judge may specify which officer.[5]

6. Continue or adjourn if necessary

The judge may adjourn proceedings from time to time as appropriate.[5] That allows the court to continue the exam, order additional document production, or take further steps toward collection.

7. Seek enforcement or additional relief if the debtor does not comply

If the debtor fails to appear, refuses to answer, or evidence shows reachable nonexempt assets, the court may use the broader powers in MCL 600.6104 to:

• compel discovery,
• prevent transfers,
• order satisfaction from nonexempt assets,
• appoint a receiver, and
• enter further orders to effectuate collection.[6]

Bottom line

In Michigan, scheduling and conducting a post-judgment debtor’s exam usually requires: (1) a post-judgment motion or request supported by affidavit, (2) judicial issuance of the exam subpoena/order under MCL 600.6110, (3) proper service, and (4) an on-the-record examination under oath with document production, followed by adjournment or enforcement orders as needed.[5][6][3]