Examination of Debtors - Revision history

Drew Jackson: /* Small Claims Rules */

2024-11-12T23:57:16Z

Small Claims Rules

← Older revision		Revision as of 23:57, 12 November 2024
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	If a judgment creditor applies for a payment hearing, they must file a '''summons to a payment hearing''' form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor, at least 14 days before the payment hearing. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.		If a judgment creditor applies for a payment hearing, they must file a '''summons to a payment hearing''' form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor, at least 14 days before the payment hearing. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.

	If a judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a '''notice of payment hearing''' form, file it with the court registry, and then serve it on the judgment creditor at least ~~seven~~ days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)		If a judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a '''notice of payment hearing''' form, file it with the court registry, and then serve it on the judgment creditor at least 14 days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)

	At the hearing, the judge considers the financial circumstances of the debtor and may order a [[Instalment Payment Orders\|payment schedule]].		At the hearing, the judge considers the financial circumstances of the debtor and may order a [[Instalment Payment Orders\|payment schedule]].

Drew Jackson: /* Small Claims Rules */

2024-11-12T23:53:13Z

Small Claims Rules

← Older revision		Revision as of 23:53, 12 November 2024
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	If a judgment creditor applies for a payment hearing, they must file a '''summons to a payment hearing''' form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor, at least 14 days before the payment hearing. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.		If a judgment creditor applies for a payment hearing, they must file a '''summons to a payment hearing''' form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor, at least 14 days before the payment hearing. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.

	If judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a '''notice of payment hearing''' form, file it with the court registry, and then serve it on the judgment creditor at least seven days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)		If a judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a '''notice of payment hearing''' form, file it with the court registry, and then serve it on the judgment creditor at least seven days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)

	At the hearing, the judge considers the financial circumstances of the debtor and may order a [[Instalment Payment Orders\|payment schedule]].		At the hearing, the judge considers the financial circumstances of the debtor and may order a [[Instalment Payment Orders\|payment schedule]].

Drew Jackson: /* Small Claims Rules */

2024-11-12T23:52:17Z

Small Claims Rules

← Older revision		Revision as of 23:52, 12 November 2024
Line 17:		Line 17:
	The emphasis in the [http://canlii.ca/t/8571 Small Claims Rules] is on the creditor and debtor coming to a payment arrangement. If a judgment is made against a debtor but a payment order was not made at trial, the judgment creditor (the person or organization to whom money is owed), or the judgment debtor can initiate a '''payment hearing''' under Small Claims Rule 12.		The emphasis in the [http://canlii.ca/t/8571 Small Claims Rules] is on the creditor and debtor coming to a payment arrangement. If a judgment is made against a debtor but a payment order was not made at trial, the judgment creditor (the person or organization to whom money is owed), or the judgment debtor can initiate a '''payment hearing''' under Small Claims Rule 12.

	If a judgment creditor applies for a payment hearing, they must file a '''summons to a payment hearing''' form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.		If a judgment creditor applies for a payment hearing, they must file a '''summons to a payment hearing''' form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor, at least 14 days before the payment hearing. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.

	If judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a '''notice of payment hearing''' form, file it with the court registry, and then serve it on the judgment creditor at least seven days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)		If judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a '''notice of payment hearing''' form, file it with the court registry, and then serve it on the judgment creditor at least seven days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)

Drew Jackson: /* Small Claims Rules */

2024-11-12T23:50:34Z

Small Claims Rules

← Older revision		Revision as of 23:50, 12 November 2024
Line 17:		Line 17:
	The emphasis in the [http://canlii.ca/t/8571 Small Claims Rules] is on the creditor and debtor coming to a payment arrangement. If a judgment is made against a debtor but a payment order was not made at trial, the judgment creditor (the person or organization to whom money is owed), or the judgment debtor can initiate a '''payment hearing''' under Small Claims Rule 12.		The emphasis in the [http://canlii.ca/t/8571 Small Claims Rules] is on the creditor and debtor coming to a payment arrangement. If a judgment is made against a debtor but a payment order was not made at trial, the judgment creditor (the person or organization to whom money is owed), or the judgment debtor can initiate a '''payment hearing''' under Small Claims Rule 12.

	If a judgment creditor applies for a payment hearing, they must file a summons to a payment hearing form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.		If a judgment creditor applies for a payment hearing, they must file a '''summons to a payment hearing''' form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.

	If judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a notice ~~under Small Claims Rule 12(10)~~, file it with the court registry, and then serve it on the judgment creditor at least seven days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)		If judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a '''notice of payment hearing''' form, file it with the court registry, and then serve it on the judgment creditor at least seven days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)

	At the hearing, the judge considers the financial circumstances of the debtor and may order a [[Instalment Payment Orders\|payment schedule]].		At the hearing, the judge considers the financial circumstances of the debtor and may order a [[Instalment Payment Orders\|payment schedule]].

Drew Jackson: /* Small Claims Rules */

2024-11-12T23:48:41Z

Small Claims Rules

← Older revision		Revision as of 23:48, 12 November 2024
Line 17:		Line 17:
	The emphasis in the [http://canlii.ca/t/8571 Small Claims Rules] is on the creditor and debtor coming to a payment arrangement. If a judgment is made against a debtor but a payment order was not made at trial, the judgment creditor (the person or organization to whom money is owed), or the judgment debtor can initiate a '''payment hearing''' under Small Claims Rule 12.		The emphasis in the [http://canlii.ca/t/8571 Small Claims Rules] is on the creditor and debtor coming to a payment arrangement. If a judgment is made against a debtor but a payment order was not made at trial, the judgment creditor (the person or organization to whom money is owed), or the judgment debtor can initiate a '''payment hearing''' under Small Claims Rule 12.

	If a judgment creditor applies for a payment hearing, they must file a summons to a payment hearing form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.		If a judgment creditor applies for a payment hearing, they must file a summons to a payment hearing form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.

	If judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a notice under Small Claims Rule 12(10), file it with the court registry, and then serve it on the judgment creditor at least seven days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)		If judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a notice under Small Claims Rule 12(10), file it with the court registry, and then serve it on the judgment creditor at least seven days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)

Drew Jackson: /* Small Claims Rules */

2024-11-12T23:48:02Z

Small Claims Rules

← Older revision		Revision as of 23:48, 12 November 2024
Line 17:		Line 17:
	The emphasis in the [http://canlii.ca/t/8571 Small Claims Rules] is on the creditor and debtor coming to a payment arrangement. If a judgment is made against a debtor but a payment order was not made at trial, the judgment creditor (the person or organization to whom money is owed), or the judgment debtor can initiate a '''payment hearing''' under Small Claims Rule 12.		The emphasis in the [http://canlii.ca/t/8571 Small Claims Rules] is on the creditor and debtor coming to a payment arrangement. If a judgment is made against a debtor but a payment order was not made at trial, the judgment creditor (the person or organization to whom money is owed), or the judgment debtor can initiate a '''payment hearing''' under Small Claims Rule 12.

	If a judgment creditor applies for a payment hearing, the judgment debtor is ~~served with a summons for this hearing and~~ must attend. Failure to attend can result in the debtor being declared in contempt of court.		If a judgment creditor applies for a payment hearing, they must file a summons to a payment hearing form with the court registry. The registry will provide a hearing date. The creditor must personally serve the summons on the judgment debtor, or arrange for someone else to personally serve the debtor. Service by mail is not permitted. The judgment debtor must attend the payment hearing. Failure to attend can result in the debtor being declared in contempt of court.

	A judgment debtor ~~who~~ wants to apply for a payment hearing must complete a notice under Small Claims Rule 12(10), file it with the court registry, and then serve it on the judgment creditor at least seven days before the payment hearing.		If judgment debtor wants to apply for a payment hearing, the process is different. The debtor must complete a notice under Small Claims Rule 12(10), file it with the court registry, and then serve it on the judgment creditor at least seven days before the payment hearing. The debtor can serve the notice of payment hearing by mail or email. (Service by mail is presumed to be served 14 days after mailing. Service by email is deemed to occur on the same day if it's sent before 4 pm, or on the next day that is not a Saturday or a holiday if it's sent after 4 pm.)

	At the hearing, the judge considers the financial circumstances of the debtor and may order a [[Instalment Payment Orders\|payment schedule]].		At the hearing, the judge considers the financial circumstances of the debtor and may order a [[Instalment Payment Orders\|payment schedule]].

Drew Jackson at 14:42, 9 October 2018

2018-10-09T14:42:39Z

← Older revision		Revision as of 14:42, 9 October 2018
Line 1:		Line 1:
	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = enforcing}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = enforcing}}

	Once a creditor has a court judgment against a debtor, the creditor can ask to have an '''examination of the debtor'''. This is a hearing to gather information about the debtor’s financial situation and have an order made.		Once a creditor has a court judgment against a debtor, the creditor can ask to have an '''examination of the debtor'''. This is a hearing to gather information about the debtor’s financial situation and have an order made.

	== Client problems==		== Client problems==
	* Client has been served court papers requiring them to go to a hearing to answer questions about their ability to pay a court judgment.		* Client has been served court papers requiring them to go to a hearing to answer questions about their ability to pay a court judgment.


	== Summary of the law==		== Summary of the law==

Elena Renderos at 02:16, 1 October 2018

2018-10-01T02:16:50Z

← Older revision		Revision as of 02:16, 1 October 2018
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	== Summary of the law==		== Summary of the law==
	[[File:Consumer_Law_and_Debt_-_Examination_of_Debtors.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]Once a judgment is taken against a debtor, the creditor has a number of legal methods to enforce the judgment. One method, available in both Small Claims Court and Supreme Court, is a kind of enforcement hearing. This is a hearing to gather information about the debtor’s financial situation and have an order made. At this hearing:		[[File:Consumer_Law_and_Debt_-_Examination_of_Debtors.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
			Once a judgment is taken against a debtor, the creditor has a number of legal methods to enforce the judgment. One method, available in both Small Claims Court and Supreme Court, is a kind of enforcement hearing. This is a hearing to gather information about the debtor’s financial situation and have an order made. At this hearing:
	* the debtor is questioned about their ability to pay,		* the debtor is questioned about their ability to pay,
	* the creditor has an opportunity to find out the financial circumstances of the debtor, and		* the creditor has an opportunity to find out the financial circumstances of the debtor, and

Elena Renderos at 02:16, 1 October 2018

2018-10-01T02:16:23Z

← Older revision		Revision as of 02:16, 1 October 2018
Line 4:		Line 4:

	== Client problems==		== Client problems==

	* Client has been served court papers requiring them to go to a hearing to answer questions about their ability to pay a court judgment.		* Client has been served court papers requiring them to go to a hearing to answer questions about their ability to pay a court judgment.


	== Summary of the law==		== Summary of the law==
	Once a judgment is taken against a debtor, the creditor has a number of legal methods to enforce the judgment. One method, available in both Small Claims Court and Supreme Court, is a kind of enforcement hearing. This is a hearing to gather information about the debtor’s financial situation and have an order made. At this hearing:		[[File:Consumer_Law_and_Debt_-_Examination_of_Debtors.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]Once a judgment is taken against a debtor, the creditor has a number of legal methods to enforce the judgment. One method, available in both Small Claims Court and Supreme Court, is a kind of enforcement hearing. This is a hearing to gather information about the debtor’s financial situation and have an order made. At this hearing:
	* the debtor is questioned about their ability to pay,		* the debtor is questioned about their ability to pay,
	* the creditor has an opportunity to find out the financial circumstances of the debtor, and		* the creditor has an opportunity to find out the financial circumstances of the debtor, and

Elena Renderos at 19:46, 19 September 2018

2018-09-19T19:46:18Z

← Older revision		Revision as of 19:46, 19 September 2018
Line 42:		Line 42:
	== Related topics and materials==		== Related topics and materials==
	See the other sections on enforcing court judgments:		See the other sections on enforcing court judgments:
	* Enforcing Judgments Against ~~Chattels~~		* [[Enforcing Judgments Against Chattels]]
	* Enforcing Judgments Against ~~Land~~		* [[Enforcing Judgments Against Land]]
	* Stays of ~~Enforcement~~		* [[Stays of Enforcement]]

	See related topics:		See related topics:
	* Contempt of ~~Court~~		* [[Contempt of Court]]
	* Court Process in Consumer and Debt ~~Matters~~		* [[Court Process in Consumer and Debt Matters]]
	* Instalment Payment Orders		* [[Instalment Payment Orders]]