Examination of Debtor
Attendance at debtor examination (up to 4 hours) to assess assets for enforcement.
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 filing fees, process servers, searches and other disbursements
- Steps beyond the service you chose, such as a trial when the service covers documents only
- Enforcing a judgment, such as garnishment or a writ, unless your service is an enforcement step
- An appeal to the Divisional Court, where a licensed paralegal may not act
- Claims over $50,000 or other matters that belong in the Superior Court of Justice
Who this service is for
- Someone with an unpaid Small Claims judgment
- A creditor who needs to learn about the debtor's income and assets
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.
Why examine the debtor?
A judgment does not collect itself. The examination is often a practical way to learn where the debtor works, banks or owns property, so the next enforcement step can be chosen.
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, and a judgment may still need separate enforcement to be collected
- Limited to claims within the Small Claims Court limit of $50,000
- You must give documents and instructions in time to meet court deadlines
- An appeal of a Small Claims Court judgment is heard by the Divisional Court, where a licensed paralegal may not act, so for an appeal the firm does only the parts a licensed paralegal is permitted to do and refers the appeal itself to a lawyer.
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