Area of Law: Small Claims Court
Answer # 574
What is consolidation of judgments?Region: Ontario Answer # 574
If you owe money to more than one creditor, it may be difficult for you to pay off all your debts. To make things easier, you may want to ask a judge to consolidate the Small Claims Court judgments. Consolidating judgments means that all the debts are added together and treated like one debt. This will make your finances less confusing because you will only be making one payment.
To consolidate judgments, you will need to make a motion in 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 give you a hearing date. After which, you will be required to serve this Notice to the creditors and any other interested parties.
At the hearing you will appear in front of a judge where you can explain who you owe money to, how much you owe, and how you want to pay it off. You will need to provide evidence about your income and expenses. The creditors will also be asked to explain their positions.
If the judge agrees with you, the judgments will be consolidated. The judge will order you to make payments according to a payment plan. Each of your payments will then be divided among the creditors until all your debts are paid off. If you are in violation of the consolidation order for a period of at least 21 days, the consolidation order will end. In addition, the consolidation order will end if another order for payment of money is made against you subsequent to the consolidation order. If the order is terminated, you must wait one year from the date of termination before requesting a further consolidation of your debts.
If you are unsure about how to have your judgments consolidated, the staff at the court office may be able to provide you with more information.
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