Notice of Examination:

Question:How do I complete the Notice of Examination (Form 20H) for a debtor examination in Ontario’s Small Claims Court? ?

Answer:Freed Legal Services can help you complete the Notice of Examination (Form 20H) by confirming you use the same proceeding title as in the original litigation, accurately listing the correct parties in the “Creditor” and “Debtor” sections, and filling in key details you can confirm from the court clerk and your enforcement paperwork, such as the proposed hearing date and the remaining judgment amount plus interest;  If the person being examined is the Debtor, you will also need the Financial Information Form (Form 20I) completed by the Debtor, and a short covering letter is often useful to request they bring the completed form and supporting documents to the hearing;  For help reviewing your specific forms before you file, call (800) 716-1897.

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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 Freed Legal Services by phone at: (800) 716-1897 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.