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.

 
 


== 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

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