5. Understand what happens after the examination hearing

The debtor isn't paying me. How can I find out more about their financial situation?
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5. Understand what happens after the examination hearing

After the examination hearing, the judge may make an order for payment. This means that the debtor is supposed to start paying you money. Sometimes, the judge will make a payment plan that the debtor must follow.

If the debtor is paying

Even if the debtor is following the payment plan and giving you the money you’re owed, you can still issue a Writ of Seizure and Sale of Land. This can help ensure that you get the money owed to you.

When you have a Writ of Seizure and Sale of Land, if the debtor stops following the payment plan, you may be able take their property and sell it to get the money owed to you. But this is only possible if they have property.

If the debtor is not paying

If the debtor does not follow the payment plan, you can serve them with:

When you serve these documents, you are deciding to end the payment plan. This means that you will have to do other things to enforce your judgment.

You can serve your documents:

  • in person
  • by mail or fax
  • by courier

You must also file these documents with the court.

Getting a Consent

If you change your mind and want to continue the payment order made by the judge after the examination hearing, you must file a Consent with the court. This must happen within 15 days of when you served the Notice of Default of Payment. The Consent allows you to forgive the defendant for not following the payment plan up to the current date.

If you don't file a Consent form, the payment order will no longer be active. You will have to do other things to get your money, such as:

You May Also Need

Ontario Court Forms
Ontario Court Forms
Reviewed: February 23, 2017

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