Area of Law: Small Claims Court
Answer # 564
What is an Examination Hearing?Region: Ontario Answer # 564
If you want to collect a debt through the court, you will need enough information about the debtor’s finances to decide how the debt can be collected and if it is worth paying the costs of collecting. If you do not have sufficient information about the debtor’s finances and cannot obtain the necessary information on your own, you may want to request an Examination Hearing.
An Examination Hearing is a meeting with you, a judge, and the debtor. Both you and the judge will be able to ask the debtor questions about the debtor’s finances. This includes how much money or property the debtor owns, how the debtor earns it, and where it is kept. Sometimes, it is necessary to include other people in the Hearing, if they have pertinent information. For example, you can request the presence of people, such as spouses or employers, because they may have information about matters, such as:
- why the debtor has not paid
- the debtor’s income and property
- debts owed to the debtor, or by the debtor, and so on.
Requesting an Examination Hearing
To obtain an Examination Hearing, you will have to do three things:
- Complete a Notice of Examination form.
- Complete an Affidavit for Enforcement Request. To complete an Affidavit for Enforcement Request, you should fill out the information on the first page as it appears on your Plaintiff’s Claim. Fill in all the information requested on the form, including the date and the amount of the judgment, the amount of pre-judgment and post-judgment interest, and the amount of costs. Once you complete the Affidavit, you will have to sign it and swear that it is true in front of a commissioner of oaths. Usually a staff member at the Small Claims Court office can act as a commissioner of oaths.
- Serve and file these documents. There is also a court fee for holding a Hearing. The Small Claims Court office staff will give you a time and date for the Examination Hearing which may be several months later. The Notice of Examination tells the debtor that they have to attend court on a given time and date to give information about their finances. At least 30 days before the Hearing is scheduled, you will have to deliver the Notice to the debtor, and any other person you may wish to examine. If the debtor is an individual, you must also serve a blank Financial Information Form. However, if the debtor is a business, this form is not required. The Notice of Examination and the Affidavit for Enforcement Request must also be filed with the court at least 3 days before the hearing. Finally, an Affidavit of Service must then be filed with the court to prove that the Notice was in fact served.
Generally, the plaintiff becomes the creditor and the defendant is now the debtor. It is important to note, however, that in cases where, in addition to filing a Defence the defendant also filed a Defendant’s Claim and won, the defendant will be the creditor and the plaintiff will be the debtor.
Information and forms concerning Examination Hearings can be obtained at the Small Claims Court office and online from the Ministry of the Attorney General.
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 .
For legal advice and assistance with Examination Hearings, or any Small Claims Court matter, contact our preferred experts, George Brown Professional Corporation .
You now haveoptions: