513.380. Examination of judgment debtor, when, procedure — immunity, when. — 1. A judgment creditor shall, upon motion made at any time before the judgment has been satisfied of record by the judgment creditor and before the judgment being presumed paid and satisfied under section 516.350, be entitled to an order by the court rendering such judgment, requiring the judgment debtor or, in the case of a corporate judgment debtor, its chief officer to appear before such court at a time and place in said order to be named, to undergo an examination under oath touching his or her ability and means to satisfy said judgment, and in case of neglect or refusal on the part of such judgment debtor or, in the case of a corporate debtor, its chief officer to obey such order, such court is hereby authorized to issue a writ of attachment against said debtor, as now provided by law, and to punish him or, in the case of a corporate debtor, its chief officer for contempt.
2. For any statement made at a judgment debtor's examination and conducted pursuant to subsection 1 of this section, a judgment debtor shall enjoy full use immunity and derivative use immunity from prosecution coextensive with their constitutional privilege against self-incrimination. No testimony or other information directly or indirectly derived therefrom, compelled under subsection 1 of this section, may be used against the witness in any criminal case, except a prosecution for perjury or giving a false statement.
Notes of Decisions
State ex rel. Nothum v. Walsh, 380 S.W.3d 557 (Mo. 2012).
· cites it 32× “David and Glenette Nothum seek a writ prohibiting the circuit court from compelling them to testify in a judgment debtor’s examination conducted pursuant to section 513.380. 1 The court ordered the Nothums to testify despite their assertion of the privilege against…”
State ex rel. Long v. Askren, 874 S.W.2d 466 (Mo. Ct. App. 1994).
· cites it 39× “Long to testify and to produce records as a judgment debtor at an examination pursuant to section 513.380, RSMo 1986, and Rule 76.27.”
State ex rel. Rowland Grp., Inc. v. Koehr, 831 S.W.2d 930 (Mo. 1992).
· cites it 12× “The issue is whether a circuit court is authorized, pursuant to § 513.380, RSMo 1986, to order a judgment debtor not only to appear and be examined but also to produce documents.”
State ex rel. Heidelberg v. Holden, 98 S.W.3d 116 (Mo. Ct. App. 2003).
· cites it 6× “The privilege extends to judgment debtors examined pursuant to section 513.380. Thus, a judgment debtor examined pursuant to section 513.”
State ex rel. Anderson v. Hess, 709 S.W.2d 526 (Mo. Ct. App. 1986).
· cites it 11× “This is an original proceeding in prohibition, in which relators seek to prevent the respondent-judge from enforcing certain orders issued in an examination of judgment debtor proceeding brought under § 513.380, RSMo 1978. We now make absolute our previously issued preliminary…”
State ex rel. Nothum v. Kintz, 333 S.W.3d 512 (Mo. Ct. App. 2011).
· cites it 12× “Pursuant to Section 513.380 1 and Rule 76.27, 2 the Bank obtained an order instructing Relators to appear before the Respondent to be examined under oath concerning their means of satisfying the judgment.”
State ex rel. Harry Shapiro Realty & Inv. Co. v. Cloyd, 615 S.W.2d 41 (Mo. 1981).
· cites it 5× “Section 513.380 provides: “Whenever an execution against the property of any judgment debtor, individual or corporate, issued from any court in this state, shall be returned unsatisfied, in whole or in part, by any sheriff or other proper officer, the judgment creditor in such…”
Westrich v. Westrich, 694 S.W.2d 873 (Mo. Ct. App. 1985).
· cites it 4× “” It is of interest that while this discovery process was going on, plaintiff moved the court for an order compelling defendant to appear for examination as provided by § 513.380, RSMo 1978. The plaintiff averred that defendant had failed to pay child support as ordered and had…”
In re Miller, 511 B.R. 621 (Bankr. W.D. Mo. 2014).
· cites it 2× “, § 513.380 RSMo 1993 (authorizing court to punish judgment debtors for contempt).”
Kleinfeld v. Graneto Datsun, Inc., 686 S.W.2d 885 (Mo. Ct. App. 1985).
· cites it 4× “Examination of the Judgment Debtor, pursuant to § 513.380, RSMo 1978 1 and Rule 76.27, is a supplementary proceeding, summary in nature, and intended to disclose fraudulently concealed property in order that it may rightfully be subjected to the payment of a just debt.”
State ex rel. Caloia v. Weinstein, 525 S.W.2d 779 (Mo. Ct. App. 1975).
· cites it 2× “There the respondent judge contended that the relator should answer a question propounded in his examination as a judgment debtor (§ 513.380, RSMo 1969, V.A.M.S.) with regard to whether he owned certain property.”
Mo. Rev. Stat. § 513.380(2): 1 case
State ex rel. Nothum v. Walsh, 380 S.W.3d 557 (Mo. 2012).
“David and Glenette Nothum seek a writ prohibiting the circuit court from compelling them to testify in a judgment debtor’s examination conducted pursuant to section 513.380. 1 The court ordered the Nothums to testify despite their assertion of the privilege against…”
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