4. Go to the hearing

The debtor isn't paying me. How can I find out more about their financial situation?
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4. Go to the hearing

Both you and the debtor must go to the examination hearing. If you have a lawyer or other representative, they may come with you.

At the examination hearing, the debtor must give information about:

  • where they bank
  • what accounts they have
  • what assets or property they have
  • if and where they work
  • their expenses
  • their reasons for not paying the debt
  • how much money they make
  • how much money they have in the bank
  • any other information that is important to your court order

Write down notes about what happens at the examination hearing.

At the examination hearing, the judge may order the debtor to pay the debt in full, or to make payments on specific dates.

If there is a contempt 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.

At the contempt hearing, a judge will decide whether the debtor is in contempt of court. If the debtor is found in contempt of court, they can be sent to jail or fined.

If the judge orders a contempt hearing against the debtor, the court will give you a Notice of Contempt Hearing. At least 7 days before the hearing, you must serve the Notice to the debtor and file an Affidavit of Service with the court.

You can serve your documents:

  • in person
  • by mail or fax
  • by courier

You May Also Need

Ontario Ministry of the Attorney General
Ontario Court Forms
Reviewed: February 23, 2017

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