You attend a Small Claims Court debtor examination with your client, Ziggy Stardust, who is the debtor. Prior to the debtor examination, you explained to Ziggy that he will be required to answer questions under oath about all issues touching on his current financial situation. His evidence will be given in the presence of a deputy-judge, and it will be recorded. You also advise him that he will be required to produce documents to the creditor regarding his assets, liabilities, and income, and those of his spouse.

Ziggy told you that when he began to experience financial difficulties, his wife asked him to leave. She continues to reside in the matrimonial home with their two children. When he left, he took as many documents as he could find, but his wife had already turned over many of them, including their income tax returns for the past three years, the deed to their house, and the mortgage documents, to her lawyer.

Prior to the hearing, Ziggy provided you with a file folder of the documents he had in his possession.

In the course of the debtor examination, the paralegal for the creditor requests copies of Ziggy's income tax statements for the past three years, the deed to the house, and the mortgage/charge. When you advise her that Ziggy does not have those documents in his possession, the creditor's paralegal asks for your undertaking to produce them.

Should you give the undertaking? Explain why or why not.

Answer rating: 100% (QA)

As a lawyer if you were asked for an undertaking to produce documents that your client Ziggy Stardus... View the full answer