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Difference between revisions of "Examination of Debtors"
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Examination of Debtors (view source)
Revision as of 00:17, 17 September 2018
, 00:17, 17 September 2018no edit summary
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Explain to the debtor how important it is to attend the hearing. At the same time, review the debtor’s circumstances to consider how best to resolve their financial difficulties. If the judgment creditor is the client’s only creditor, consider negotiating some kind of financial solution on behalf of the debtor before the hearing. This might mean that the hearing need not be held. If there are other creditors, other types of financial or legal solutions may be necessary. | Explain to the debtor how important it is to attend the hearing. At the same time, review the debtor’s circumstances to consider how best to resolve their financial difficulties. If the judgment creditor is the client’s only creditor, consider negotiating some kind of financial solution on behalf of the debtor before the hearing. This might mean that the hearing need not be held. If there are other creditors, other types of financial or legal solutions may be necessary. | ||
If an arrangement with the creditor cannot be made, you may be able to assist the debtor in obtaining an instalment payment order at the hearing. Small Claims Court judges can make instalment payment orders at payment hearings, and Supreme Court registrars can make instalment payment orders at subpoena to debtor hearings. You may be able to use these hearings to your client’s advantage. An instalment payment order protects the client: in both courts, the creditor cannot take the enforcement process any further so long as the judgment debtor is not in default of the instalment payment order. | If an arrangement with the creditor cannot be made, you may be able to assist the debtor in obtaining an [[Instalment Payment Orders|instalment payment order]] at the hearing. Small Claims Court judges can make instalment payment orders at payment hearings, and Supreme Court registrars can make instalment payment orders at subpoena to debtor hearings. You may be able to use these hearings to your client’s advantage. An instalment payment order protects the client: in both courts, the creditor cannot take the enforcement process any further so long as the judgment debtor is not in default of the instalment payment order. | ||
== Related topics and materials== | == Related topics and materials== | ||