Short answer. Yes. When the sheriff's return shows the judgment remains unsatisfied, in whole or in part, the winning party is entitled to a court order requiring the judgment obligor to appear and be examined concerning his property and income, and proceedings may follow to apply what is found towards the judgment.
What the law says
requiring such judgment obligor to appear and be examined concerning his property and income before such court or before a commissioner appointed by it
Rule 39, Section 36 — Examination of judgment obligor when judgment unsatisfied. Read the full provision →
What the law says
proceedings may thereupon be had for the application of the property and income of the judgment obligor towards the satisfaction of the judgment
Rule 39, Section 36 — Examination of judgment obligor when judgment unsatisfied. Read the full provision →
"I have nothing" can be tested under oath
A judgment debtor's bare claim of poverty does not end collection. Rule 39 arms the winning party with an examination remedy: once the return of a writ of execution shows that the judgment remains unsatisfied, in whole or in part, the judgment obligee shall be entitled to an order requiring such judgment obligor to appear and be examined concerning his property and income before such court or before a commissioner appointed by it. Note the wording — entitled. Once the unsatisfied return is on record, the examination order is a matter of right, not a favour asked of the court.
The trigger: an unsatisfied return, not mere suspicion
The remedy has a sequence built in. Execution comes first: the writ is issued, the sheriff attempts to enforce it against the obligor's property, and the sheriff's return reports the result. Only when that return shows the judgment unsatisfied — wholly or partly — does the entitlement to examine arise, at any time after such return is made. The order comes from the court which rendered the said judgment. So a creditor who suspects hidden assets cannot leap straight to interrogating the debtor; the paper trail of attempted execution is the key that opens this door.
What the examination can lead to
The examination is not an end in itself. After the obligor is questioned about property and income, proceedings may thereupon be had for the application of the property and income of the judgment obligor towards the satisfaction of the judgment. Assets and income streams surfaced under oath — a receivable, a rental, an interest in a business — become material the court can reach to pay the judgment. The examination also puts the debtor on record: answers given under oath about what he owns and earns are difficult to walk back, and lying under oath carries its own consequences.
One limit, and one practical note
The rule protects the debtor from being dragged across the country: no judgment obligor shall be so required to appear before a court or commissioner outside the province or city in which such obligor resides or is found. Plan the examination accordingly. For the creditor, preparation decides its value — come with what you already know or suspect about the debtor's employment, businesses, vehicles, bank relationships and properties, so the questioning can be specific. An examination that merely invites the debtor to repeat that he has nothing wastes the remedy; one built on homework turns disclosure into collection.