A debtor examination in Hamilton allows a successful creditor to question a debtor under oath about their hidden assets, employment, and bank accounts. You must serve them with a Notice of Examination and pay a $60 CAD filing fee to legally compel them to attend the courthouse.
Winning a lawsuit in the Hamilton Small Claims Court is a great victory, but it is often only half the battle. 🏆 Many successful plaintiffs are shocked to learn that the judge does not automatically force the defendant to write a cheque. The court simply grants you a Judgment-a legal document proving you are owed money. It is entirely up to you, the creditor, to enforce that judgment and collect the funds.
If the debtor refuses to pay and you do not know where they work or where they bank, you cannot easily garnish their wages. This is where an Examination in Aid of Execution (commonly called a debtor examination) becomes a powerful tool. It allows you to summon the debtor to court, put them under oath, and legally demand they reveal their financial secrets.
Step-by-Step Process in Hamilton
Conducting an examination requires strict adherence to the Small Claims Court rules. You must give the debtor plenty of warning and a chance to organize their financial documents before the hearing date.
Step 1: Requesting the Examination
First, you must complete a Form 20H: Notice of Examination. 📋 You will take this form to the civil counter at the John Sopinka Courthouse on Main Street East. The court clerk will review your judgment, collect the filing fee, and schedule a date and time for the examination hearing. You will also need to pick up a blank Form 20I: Financial Information Form.
Step 2: Serving the Debtor
You must serve the signed Notice of Examination and the blank Financial Information Form on the debtor. Under Ontario rules, this must be done by Personal Service or an Alternative to Personal Service at least 30 days before the scheduled examination date. The debtor is legally required to fill out the financial form and bring it with them to the courthouse, along with supporting documents like pay stubs and tax returns.
Step 3: Conducting the Examination
On the scheduled date, you will meet the debtor at the courthouse. 💬 The hearing is usually held in a private room, not an open courtroom. The debtor will swear an oath to tell the truth. You or your paralegal can then ask them detailed questions about their income, vehicles, real estate, debts, and bank accounts. If they lie under oath, they are committing perjury.
How Much Does it Cost in Hamilton?
Enforcing a judgment requires spending a little more money upfront, but these costs can often be added to the total amount the debtor owes you. 💰
- Court Filing Fee: Issuing the Notice of Examination at the Hamilton Small Claims Court currently costs $60 CAD.
- Process Server: Because the debtor must be served personally 30 days in advance, hiring a process server in Hamilton is highly recommended. This typically costs $75 to $150 CAD.
- Legal Representation: Questioning a hostile debtor can be intimidating. You can hire a paralegal or law firm to conduct the examination on your behalf. This service generally ranges from $300 to $600 CAD.
- Transcription (Optional): If you want an official written record of the examination, you can hire an independent court reporter. This usually costs upwards of $150 CAD.
| Enforcement Step | Estimated Cost (CAD) | Can it be added to the debt? |
|---|---|---|
| Notice of Examination Fee | $60 | Yes |
| Process Server Fees | $75 – $150 | Yes, generally up to a set limit |
| Paralegal Representation | $300 – $600 | Usually No |
How Long Does the Process Take?
The timeline for a debtor examination depends heavily on the availability of the Hamilton courthouse schedule. Once you file the paperwork, you will typically be given an examination date that is 2 to 4 months in the future. The actual examination appointment at the courthouse usually takes between 30 minutes to 2 hours, depending on how complex the debtor’s finances are and how cooperative they choose to be.
Frequently Asked Questions (FAQ)
What happens if the debtor simply does not show up?
If the debtor was properly served with the Notice of Examination and fails to attend, they are in Contempt of Court. You can schedule a Contempt Hearing. If they fail to attend that second hearing, a judge can issue a warrant for their arrest, and Hamilton Police may bring them directly to court.
What questions should I ask during the examination?
You want actionable information. Ask for the specific name and address of their employer, the names of the banks where they hold accounts, details about any vehicles they own, and whether anyone else owes them money. You need this data to file a Notice of Garnishment.
Can the debtor bring a lawyer to the examination?
Yes. The debtor has the right to be represented by a lawyer or a licensed paralegal. Their representative can object to questions that are entirely irrelevant, but they cannot coach the debtor or stop them from answering legitimate financial questions.
Can I garnish their wages right after the examination?
Yes! The primary purpose of the examination is to gather intelligence. As soon as the debtor admits under oath where they work or where their bank account is located, you can immediately go to the court clerk, pay the required fee, and file a Notice of Garnishment against that specific employer or bank.
Leave a Reply