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563.   Discovery of debtor's property

Revised Laws of Saint Lucia (2022)

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563.   Discovery of debtor's property

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    (1)   The Court may, on the application of the receiver or trustee, at any time after a receiving order has been made against a debtor, summon before it the debtor or his wife or any person known or suspected to have in his possession any of the estate or effects belonging to the debtor, or supposed to be indebted to the debtor, or any person whom the Court may deem capable of giving information respecting the debtor or his dealings or property, and the Court may require any such person to produce any documents in his custody or power, relating to the debtor, his dealings or property.

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    (2)   If any person so summoned, after having been tendered a reasonable sum, refuses to come before the Court at the time appointed, or refuses to produce any such document, having no lawful impediment made known to the Court at the time of its sitting and allowed by it, the Court may by warrant cause him or her to be apprehended and brought for examination.

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    (3)   The Court may examine on oath, either by word of mouth or by written interrogatories, any person so brought before it concerning the debtor, his or her dealings or property.

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    (4)   If any person on examination before the Court admits that he or she is indebted to the debtor, the Court may, on the application of the receiver or trustee, order him or her to pay to the receiver or trustee, at such time and in such manner as to the Court seems expedient, the amount admitted or any part thereof, either in full discharge of the whole amount in question or not, as the Court thinks fit, with or without costs of the examination.

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    (5)   If any person on examination before the Court admits that he or she has in his or her possession any property belonging to the debtor, the Court may, on the application of the receiver or trustee, order him or her to deliver to the receiver or trustee such property, or any part thereof, at such time, and in such manner, and on such terms, as to the Court may seem just.

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    (6)   The Court may, if it thinks fit, order that any person who, if in Saint Lucia, would be liable to be brought before it under this article, shall be examined in any place out of Saint Lucia.

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    (7)   A witness or any person interested in the proceedings, may on payment of the prescribed fee, obtain a copy of any depositions taken in pursuance of this article.

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