Notice of Examination:

Question: How can paralegals help me correctly prepare Ontario small claims court documents for a debtor examination, including Form 20H and Form 20I, to avoid delays?

Answer: Anderson Aylwin Begg & Co. can help you prepare and file the right Ontario small claims court documents for a debtor examination, including completing Notice of Examination (Form 20H) with correct party labels and the correct proceeding title, and ensuring the debtor completes Financial Information Form (Form 20I) with supporting documents for the hearing.   If you’re a creditor or their representative, you can focus on gathering the judgment details from the court clerk and the unpaid amount from the enforcement request affidavit, then use a quick document-check so your materials are ready on time and less likely to trigger adjournments. For practical help across Ontario, call (905) 686-8080 to book a consultation with Paralegals at Anderson Aylwin Begg & Co..

Preparation of Documents

Completing the Notice of Examination (Form 20H) document is straightforward; however, there document does have a typographical glitch that creates a nuance whereas the words, “Creditor” and “Debtor” appear.  These fields should be labelled in a manner that indicates the requirement to name all of the parties that were Plaintiffs or Defendants within the litigation from which the Judgment arose; and accordingly, the title of proceeding upon the Notice of Examination (Form 20H) document should read the same as the title of proceeding was shown within any other document during the litigation.  Aside from this apparent glitch, the Notice of Examination (Form 20H) merely requires information that is readily available from the Court Clerk, such as the proposed date of the debtor examination hearing as well as the amount of the Judgment, plus interest, that remains due.  This amount will be known whereas such is contained within the Affidavit for Enforcement Request (Form 20P) as discussed elsewhere.

Where the person that will be examined is the Debtor, in addition to the Notice of Examination (Form 20H), a Financial Information Form (Form 20I) is also required.  The Debtor is to complete the Financial Information Form (Form 20I); and accordingly, the document is without any preparation required by the Creditor, or representative of the Creditor; however, it is wise to include a covering letter that emphasizes the need to fully complete and bring the completed Financial Information Form (Form 20I) with all supporting documents to the debtor examination hearing.