If you aren’t sure about the debtor’s financial situation, you can ask for an examination hearing from the court. In an examination hearing, the debtor gives information about their financial situation, assets, and ability to pay you.
You may need an examination hearing if:
- the debtor hasn't followed an order to pay you what they owe
- you're thinking about filing an order for garnishment
Complete the documents
If you want an examination hearing, complete:
These documents are used to tell the debtor about the hearing. Once the debtor has been told about the hearing, they are legally required to attend.
The Notice of Examination gives the name and contact information of the debtor to be examined. If you're serving the Notice to a company, include the name of the person who has the information you need.
File the documents
File the Notice of Examination and Affidavit for Enforcement Request at the court office. Include the Certificate of Judgment if you have one. You must pay a fee to do this.
When you give the Notice of Examination to a court clerk, they will sign the Notice and help you pick a day for the hearing.
Serve the documents
Serve a copy of the signed Notice of Examination on each debtor at least 30 days before the hearing.
If you're serving an individual, you also need to give them a blank Financial Information Form. You can get this form online, or from the court office. You do not need to give a Financial Information Form to the debtor if you're serving the Notice of Examination on a company.
You can serve the Notice of Examination:
- in person
- by mail
- by courier
Once the documents have been served on the debtor, the person who delivered the documents must complete an Affidavit of Service.
At least 3 days before the examination, file the Affidavit of Service with the court.
Some judges may not have access to online documents. If you submitted or were issued court documents for your claim online, you must also file a paper copy with the court.
When you file your Notice of Examination, don't forget to include all the documents that you submitted online.
At the hearing
Both you and the debtor must attend the examination hearing.
At the examination hearing, the debtor must give information about their financial situation. The judge may order the debtor to pay the debt in full, or to make payments on specific dates.
Write down notes about what happens during the examination hearing.
The judge may order a contempt hearing if the debtor:
- doesn't attend the examination hearing, or
- attends the examination hearing, but refuses to co-operate.
If there is a contempt hearing, the judge will decide whether the debtor has disrespected or disobeyed the court. If the judge finds this is true, the debtor may be found in contempt of court. A person found in contempt of court can be sent to jail or fined.