Difference between revisions of "Examination of Debtors"
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== 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.
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== 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,
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* 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
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