If you were sued and lost, you were probably ordered to pay the other person an amount of money. This person is called a creditor, and you are called a debtor. If you are currently paying off a debt to a creditor and something happens that prevents you from making your payments, such as becoming ill or you losing your job, you may be able to have your payment schedule altered.

If you cannot make your payments, do not just ignore paying off the debt. First, you may want to explain your situation to the creditor and ask to change the payment plan. If the creditor agrees, ask that the new plan be put in writing so that you can both sign it. A signed agreement is evidence that the creditor agreed to the new payment plan.

Motion and Affidavit

If the creditor will not change the payment plan, you can ask a judge to do so. To have a judge revise your payment plan, you will need to make a motion at court. In order to do this, you will need to complete a Notice of Motion and Supporting Affidavit form, and file it with the court.  The court will provide you with a hearing date.  At the hearing, you will need to present your case and explain what has changed that prevents you from making the payments.

Garnishment hearing

If you are making payments through a garnishment order, and you wish to change the payment amount or frequency, you will need to complete and file a Notice of Garnishment Hearing form. You will then need to appear at the garnishment hearing and present your case. If you are requesting that the garnishment order be terminated, however, you will need to complete a Notice of Termination of Garnishment.

All forms may be obtained at the Small Claims Court office or online from the Ministry of the Attorney General, Rules of the Small Claims Court Forms.

If you are unsure how to change your payment plan, the staff at the Small Claims Court may provide you with additional information.

Get help

If you are having financial difficulties and want to clear your debt and repair your credit, you can get help. For easy-to-understand debt solutions on your terms, contact our preferred experts 4Pillars and rebuild your financial future. With 60 locations across Canada, they will help you design a debt repayment plan and guide you with compassionate advice. No judgment. For help, visit 4Pillars or call toll-free 1-844-888-0442 .

If you are having legal difficulties because of a past criminal record and wish to erase your record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

For legal advice and assistance with starting a lawsuit, or any Small Claims Court matter, contact our preferred experts, George Brown Professional Corporation or call 1-800-381 8408.

								
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