Notice of Examination:

Question:How do I correctly complete Form 20H (Notice of Examination) for a debtor examination in Ontario small claims court?

Answer:Completing Form 20H in Ontario is typically straightforward, but pay attention to a common typographical nuance where the form should reflect the full “Creditor” and “Debtor” parties from the original Plaintiffs or Defendants in the case that produced the judgment, and the title of proceeding should match the case title used throughout the litigation.  You can usually get the needed amounts (judgment plus interest) and other details from the court records or the Affidavit for Enforcement Request (Form 20P), then complete the proposed hearing date and remaining balance to ensure your request is accurate.  If the person being examined is the Debtor, you’ll also need the Financial Information Form (Form 20I), which the Debtor must complete, so a brief covering letter from the Creditor helps confirm they bring the finished Form 20I and supporting documents to the hearing.  For document-review and paralegal help ensuring your forms align with your small claims file, Caruso Legal Services can assist at (289) 271-0488.

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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.

Note: Please contact Caruso Legal Services by phone at: (289) 271-0488 to discuss any specific questions that you may have.

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.