Notice of Examination:

Question:What should Ontario creditors do to properly complete Form 20H for a debtor examination hearing?

Answer:To properly complete the Notice of Examination (Form 20H) in Ontario, make sure the “Creditor” and “Debtor” fields reflect the parties from the underlying court case that created the judgment, and match the title of proceeding to what appeared during the litigation; then fill in the available details from the court clerk, including the proposed debtor examination hearing date and the amount of the judgment plus interest still due (often confirmed via the Affidavit for Enforcement Request Form 20P) and, if the person examined is the Debtor, ensure a Financial Information Form (Form 20I) is completed by the Debtor and brought with supporting documents to the hearing; Empowered Legal Services can help with document preparation and professional legal advocacy, call (855) 808-6510.

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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 DebtLitigation.Help™ by phone at: (855) 808-6510 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.