Notice of Examination:

Question: 1) How do I properly complete Ontario’s Notice of Examination (Form 20H) without making mistakes about the creditor and debtor names?

Answer: 2) If you need help preparing the Notice of Examination (Form 20H), Freed Legal Services can guide you through the required details in a debtor examination package for Ontario Small Claims, including how to label the “Creditor” and “Debtor” sections so they reflect the parties who were Plaintiffs or Defendants in the underlying judgment and to keep the proceeding title consistent with what was used during the litigation.  As a paralegal, Freed Legal Services also helps you confirm the hearing date and the judgment amount plus interest still owing by cross-checking what’s already set out in the Affidavit for Enforcement Request (Form 20P), and explains that when the person being examined is the Debtor you’ll also need the Financial Information Form (Form 20I) completed by the Debtor, with a practical covering letter recommended so the Debtor brings the form and supporting documents to the hearing.  For a fast, clear document-prep review in Ontario, call (800) 716-1897 to book your free half-hour consultation.

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.