Notice of Examination:

Question: How can I properly complete the Notice of Examination (Form 20H) for a debtor examination?

Answer: Completing the Notice of Examination (Form 20H) is essential to ensure a smooth debtor examination process.  It is important to correctly label the parties involved, and ensure the title matches other litigation documents.  Additionally, other information such as the hearing date and the outstanding judgment amount should be readily collected from the Court Clerk.  For more guidance and support in navigating these requirements, Anderson Aylwin Begg & Co. Legal Services Professional Corporation can help you effectively prepare your documents and understand the process.

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.