Ontario Court | Legal Case – Notice of Examination (Form 20H) – Rules of the Small Claims Court Forms

Notice of Examination (Form 20H) – Rules of the Small Claims Court Forms – Ontario Court Services

The Notice of Examination (Form 20H) is used in the Small Claims Court of Ontario. This form is issued when a creditor, who has obtained a judgment against a debtor, seeks to hold an examination hearing. The purpose of the hearing is to determine how the debtor will satisfy the judgment and to gather information about the debtor’s financial situation. This document ensures that the creditor can enforce a judgment by examining the debtor’s ability to pay, ensuring transparency and accountability in the collection process.

Form 20H is used in the Ontario Small Claims Court to notify a debtor of an examination hearing. This guide will help you complete the form correctly.

Court Information

1. • Superior Court of Justice
   • Small Claims Court

Claim Number

1. • Enter the claim number provided by the court. If you do not have it, contact the court office for this information.

Creditor and Debtor Information

1. • Between
     • Enter the full name of the creditor (the party who has obtained the judgment).
   • And
     • Enter the full name of the debtor (the party against whom the judgment was made).

To: (Name of Person to be Examined)

1. • Enter the full name of the person who will be examined. This is usually the debtor.

Address of Person to be Examined

1. • Enter the complete address of the person who will be examined.

Creditor Information

1. • The Creditor (Name of Creditor)
     • Enter the name of the creditor.
   • Of (Address of Creditor)
     • Enter the complete address of the creditor.

Judgment Details

1. • Name of Debtor
     • Enter the name of the debtor.
   • Date of Judgment:
     • Enter the date when the judgment was made (e.g., 20/01/2023).
   • Name of Court
     • Enter the name of the court where the judgment was made.
   • Total Due on Judgment
     • Enter the total amount due on the judgment. This should match the amount in the supporting affidavit.

Examination Hearing Details

1. • Date of Hearing
     • Enter the date of the examination hearing.
   • Time of Hearing
     • Enter the time of the hearing.
   • Address of Court Location
     • Enter the complete address of the court where the hearing will take place.
   • Courtroom Number
     • Enter the courtroom number, if known.

Signature of Clerk

1. • Leave this section blank. The court clerk will sign this part after you file the form.

Caution to Person Being Examined

1. • This section informs the person being examined about the consequences of not attending the hearing or refusing to answer questions. No action is required here.

Note to Debtor

1. • The debtor must serve a completed Financial Information Form (Form 20I) on the creditor before the hearing. The debtor must also bring supporting documents to the hearing.

Filing and Serving the Notice

File the Form

1. • Submit the completed Notice of Examination form to the court. You can do this online or by taking it to the court office. Also, file an Affidavit for Enforcement Request (Form 20P) detailing the debt.

Serve the Notice

1. • Serve the notice on the debtor or the person to be examined at least 30 days before the hearing date. If the person to be examined is an individual, serve the notice together with a blank Financial Information Form (Form 20I).

Proof of Service

1. • File proof of service (either an Affidavit of Service (Form 8A) or a Lawyer or Paralegal’s Certificate of Service (Form 8B)) at the court at least 3 days before the hearing date.

Attend the Hearing

1. • Attend the examination hearing and be prepared to ask questions about the debtor’s finances.

By following these steps, you can ensure that the Notice of Examination (Form 20H) is completed and filed correctly, allowing you to proceed with the examination hearing to enforce your judgment.