Examination of Debtors: Difference between revisions
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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.) | ||
