Contempt hearing (debtor fails to attend)
Asking for a contempt hearing when a debtor ignores a notice of examination.
What is included
- Preparing and serving the notice of examination
- Reviewing the debtor's financial information form
- Questioning the debtor under oath about income, assets and debts
- Asking for a contempt hearing if the debtor does not attend, where the rules allow
- Using what is learned to plan garnishment or other next steps
What is not included
- Court and sheriff fees, searches, service and other disbursements
- Collecting a debt that is not yet a judgment or order
- Enforcement in the Superior Court of Justice or outside Ontario, which is referred to a lawyer
- Bankruptcy or insolvency proceedings
Who this service is for
- Someone with a Small Claims judgment that has not been paid
- Landlords, employees and others holding an unpaid tribunal money order
- Businesses collecting on judgments against customers
- Debtors facing a garnishment, writ or examination
Information to have ready
- 1The judgment and the current balance owed
- 2Everything you know about the debtor's work, bank, property and vehicles
- 3Any questions you want asked
Frequently asked questions
How much does it cost?
The fee is $600 plus 13% HST ($678.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
What if the debtor doesn't show up?
If the debtor does not attend after being properly served, the court may order a contempt hearing, which can have serious consequences for the debtor.
Can someone other than the debtor be examined?
Sometimes. An officer or director of a debtor corporation can usually be examined, and another person who may know about the debtor's affairs can sometimes be examined with the court's permission.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; recovery depends on the debtor's income and assets
- Some income and property is exempt from seizure or garnishment by law
- You must report any payments you receive so the balance stays accurate
- Most of this work enforces Small Claims Court judgments and tribunal orders filed there; registering a judgment from outside Ontario in the Superior Court of Justice, or any other step that must be taken in that court, is outside a licensed paralegal's scope, so the firm does only the parts a licensed paralegal is permitted to do and refers the rest to a lawyer.
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