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Form EX141 UK: Company Officer Evidence Record

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Part ofCounty Court Forms UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When a judgment has been made against a company and the creditor needs to understand what the business can actually pay, the courts have a process for questioning one of its officers under oath. Form EX141 is the document that captures that questioning. It sits alongside the wider order to obtain information procedure and is used specifically when the person being examined is a director, secretary, or other officer acting for a limited company or corporation rather than an individual debtor. This page walks through what the form covers, when it tends to come up, and what the officer can expect to be asked. If you have been served with paperwork requiring attendance at court, or you are a creditor trying to work out whether this route makes sense, the detail below should help you get your bearings before deciding what to do next.

What this document is

Form EX141 is a court form used in England and Wales to record the answers given by an officer of a company or corporation during an examination about that business's finances and affairs. It is part of the procedure that allows a judgment creditor to obtain information from a judgment debtor once a county court or High Court judgment has been entered and remains unpaid.

Where the debtor is a company, the creditor cannot question the company itself, so an officer (typically a director, company secretary, or other senior person with knowledge of the business) is ordered to attend court on its behalf. The form is structured as a series of questions covering identity and role, whether the company is still trading, its income and outgoings, what it owns, what it owes, any property interests, other relevant matters, and whether any offer of payment can be made.

Once the examination is complete, the officer signs the form to confirm the answers are truthful, and it becomes part of the court record.

How to use this document

  1. Judgment is obtained against the company. Before EX141 comes into play, the creditor must already hold an unpaid judgment from the county court or High Court against the company. Without that underlying judgment, there is nothing to enforce and no basis for summoning an officer to answer questions about the company's ability to pay.
  2. The creditor applies for an order to obtain information. The creditor completes and files the relevant application (commonly Form N316A for companies), asking the court to order a named officer of the debtor company to attend for questioning. A court fee applies, and you should check gov.uk for the current amount before filing.
  3. The court issues the order and the officer is served. If the court approves the application, it issues an order requiring the named officer to come to court on a specified date with any documents listed. The order must be personally served on the officer, usually no less than 14 days before the hearing, and travel expenses may need to be offered.
  4. The officer attends court and answers on oath. At the hearing, the officer is sworn in and questioned by a court officer, or in some cases by a judge. The questions follow the structure set out in Form EX141, covering the company's trading status, assets, liabilities, property, and any payment proposals.
  5. The answers are recorded and the form is signed. As the officer responds, the answers are written into the EX141 form. At the end of the examination, the officer signs to certify that what has been recorded is true. The creditor then has a clearer picture of the company's position and can decide which enforcement options, if any, are worth pursuing.

Common questions

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Common questions

Q Who can be required to attend court under an EX141 examination?
Any officer of the debtor company or corporation can be named in the order, which typically means a director or the company secretary. The creditor usually picks someone likely to have meaningful knowledge of the company's finances. If the named officer genuinely does not hold the information requested, the court may order a different officer to attend instead on a future date.
Q What happens if the officer does not turn up to court?
Failing to attend a properly served order to obtain information is taken seriously. The court can make a suspended committal order, meaning the officer risks being held in contempt and potentially imprisoned if they continue to ignore the process. If you have received an order and cannot attend the listed date, contact the court as soon as possible rather than simply not appearing.
Q Does the officer need to bring documents to the hearing?
Usually yes. The order will list categories of documents the officer must bring, which often includes recent accounts, bank statements, invoices, contracts, and records of assets. Turning up without the listed documents can lead to the hearing being adjourned or further orders being made, so it is worth checking the order carefully well before the date.
Q Is Form EX141 used for individual debtors as well?
No. EX141 is specific to examinations of officers of a company or corporation. Where the judgment debtor is an individual, a different form (EX140) is used to record their answers. The two forms follow similar principles but ask questions appropriate to the type of debtor being examined.
Q Can the information recorded in EX141 be used in other proceedings?
The answers are given on oath and form part of the court record for the enforcement process. If an officer gives false answers, that can amount to contempt of court and, in some circumstances, a criminal offence. The information is generally used by the creditor to decide which enforcement steps to take, such as a charging order, third party debt order, or winding-up petition.
Q What if the company has genuinely stopped trading and has no assets?
The officer still needs to attend and answer truthfully. If the EX141 confirms there is nothing worth pursuing, the creditor will often treat the debt as uncollectable or consider insolvency routes. An honest, well-documented answer at the hearing is usually the fastest way to end the process, even if the outcome is not what the creditor was hoping for.
Q Do I need a solicitor to attend an EX141 examination?
There is no requirement to be legally represented, and many officers attend on their own. That said, if the company's affairs are complex, or if there is any concern about personal exposure (for example around director conduct), taking some guidance before the hearing can help you prepare. The examination itself is led by the court, not by opposing lawyers.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.