2,553
edits
Difference between revisions of "Examination of Debtors"
Jump to navigation
Jump to search
Examination of Debtors (view source)
Revision as of 00:17, 17 September 2018
, 00:17, 17 September 2018no edit summary
| Line 26: | Line 26: | ||
=== Supreme Court Civil Rules=== | === Supreme Court Civil Rules=== | ||
Under the [http://canlii.ca/t/8lld Supreme Court Civil Rules], there are two examination processes. The Supreme Court process most similar to the Small Claims Court payment hearing is called the '''subpoena to debtor''' process. This is outlined in Rule 13-3 of the Supreme Court Civil Rules. Under this process, the judgment debtor (the person who owes money) is summoned to a hearing to look into the debtor’s financial situation. If the debtor does not attend, they may be declared in contempt of court. Under the subpoena to debtor process, the registrar (or master) who holds the hearing examines (or allows someone to examine) the debtor. The registrar can make a payment order. | Under the [http://canlii.ca/t/8lld Supreme Court Civil Rules], there are two examination processes. The Supreme Court process most similar to the Small Claims Court payment hearing is called the '''subpoena to debtor''' process. This is outlined in Rule 13-3 of the Supreme Court Civil Rules. Under this process, the judgment debtor (the person who owes money) is summoned to a hearing to look into the debtor’s financial situation. If the debtor does not attend, they may be declared in [[Contempt of Court|contempt of court]]. Under the subpoena to debtor process, the registrar (or master) who holds the hearing examines (or allows someone to examine) the debtor. The registrar can make a payment order. | ||
The other examination process, under Rule 13-4, is an '''examination in aid of execution'''. At an examination in aid of execution hearing, the judgment creditor (the person or organization to whom money is owed), or its lawyer, asks the debtor questions about the debtor’s income, assets and other finances. Usually a court reporter is present to record the questions and answers. For this hearing, the judgment debtor is served with a notice, called an “appointment”, which sets out when and where the hearing will be held. | The other examination process, under Rule 13-4, is an '''examination in aid of execution'''. At an examination in aid of execution hearing, the judgment creditor (the person or organization to whom money is owed), or its lawyer, asks the debtor questions about the debtor’s income, assets and other finances. Usually a court reporter is present to record the questions and answers. For this hearing, the judgment debtor is served with a notice, called an “appointment”, which sets out when and where the hearing will be held. | ||