4. Go to the hearing

Both you and the 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 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

Small Claims Court usually holds contempt hearings in person. If this won't work for you, you can request a different way for the court to hold your hearing. For example, you might ask for it to be held by Zoom. You must make the request in writing to your local Small Claims Court office. You can learn more about making requests in the Superior Court of Justice's Guidelines to Determine Hearing Method in the Small Claims Court.

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 . 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 the Notice to the debtor and an Affidavit of Service with the court.

You can serve your documents:

  • in person
  • by mail
  • by courier
Hide this website