Texas Business and Commerce Code 23.22 – Examination of Debtor or Other Person
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(a) The court in which a proceeding involving an assigned estate has been filed may, after reasonable notice to each person concerned, compel any person to answer questions under oath on
(1) application of a creditor of the assigning debtor; or
(2) its own motion.
(b) The court may compel attendance and an answer to any question concerning the assigned estate by writ or order as in other cases. Questions asked and answers given during the examination shall be in writing, the person examined shall swear to and sign his answers before the clerk, and the questions and answers shall be filed with the clerk for use by anyone interested in the proceeding.
Terms Used In Texas Business and Commerce Code 23.22
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Swear: includes affirm. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) The court shall charge the cost of the examination against the applicant or the assigned estate, as the court deems proper.
(d) The assigning debtor may not be prosecuted or punished for an answer given by him during the examination.