Examination in Aid of Execution in BC — Payment Hearings and Debtor Disclosure

You have a judgment, but you do not know where the debtor banks, where they work, or what they own. Without that information, garnishing orders and seizure applications are shots in the dark. In BC Provincial Court Small Claims, the tool for forcing this information into the open is called a Payment Hearing — functionally equivalent to what other jurisdictions call an "examination in aid of execution."

What a Payment Hearing Does

A Payment Hearing under Small Claims Rule 12 is a court proceeding where a judge or judicial justice compels the debtor to appear under oath and disclose their complete financial situation. The debtor must reveal:

• Bank accounts (institution, branch, approximate balances)
• Employment and income sources
• Real property ownership
• Vehicle registrations
• Other personal property and investments
• Monthly expenses and financial obligations

This is not optional. The debtor is legally required to attend, bring financial documents, and answer the creditor's questions truthfully. The information you obtain at a payment hearing is what allows you to choose the right enforcement tool — garnishment if you find a bank account or employer, seizure if you find valuable property, or land registration if they own real estate.

How to Schedule a Payment Hearing

Step 1 — File Form 12. Obtain a Summons to a Payment Hearing (SCR Form 12) from the Provincial Court registry. Complete it with the debtor's name, the court file number, the current judgment balance, and accrued post-judgment interest.

Step 2 — Registry processes the summons. The registry enters the details, assigns a hearing date, and returns the sealed Form 12 to you.

Step 3 — Serve the debtor. Personal service is required at least 7 full days before the hearing. Deliver both the sealed Form 12 and a blank Statement of Finances form. If serving a corporation, serve a director, officer, or manager — or deliver to the registered office.

Step 4 — File proof of service. File the Affidavit of Service (scl004c) at the registry before the hearing date.

Step 5 — Attend the hearing. Under Practice Direction SM CL 02, payment hearings are conducted in person as the mandatory default. Bring your copy of the judgment, your calculation of interest owing, and a list of questions about the debtor's finances.

The Certificate of Judgment

If you plan to register the judgment against land, you need a Certificate of Judgment (Form E) from the court registry. It is used for:

• Land title registration at the LTSA.
• Interprovincial enforcement: request a certified copy of the BC court judgment from the registry for registration in another province; this is separate from the Certificate of Judgment used for land title registration.

The registry charges a fee for issuing a Certificate of Judgment. Request it early in your enforcement process — you will need it for several steps.

What the Debtor Must Bring

The debtor is required to bring three copies of their financial documents to the hearing — one for the judge, one for the creditor, one for themselves. Required documents typically include:

• Pay stubs or income statements for the past 3 to 6 months
• Tax returns and CRA Notices of Assessment
• Bank statements for all accounts (past 6 months)
• Vehicle registration documents
• Property deeds or mortgage statements
• Monthly living expense records

The debtor must share these with the creditor before the hearing begins, giving the creditor time to review the information and prepare targeted questions.

What Happens If the Debtor Does Not Show Up

If the debtor was properly served and fails to appear, the judge has two options:

1. Reschedule the hearing and order the debtor to attend on the new date with specified documents.
2. Issue a Warrant for Arrest directing police or court sheriffs to bring the debtor to court.

An arrest warrant for a payment hearing is not a criminal charge — it is a civil enforcement mechanism to compel attendance. But it is taken seriously, and most debtors who receive a second summons after a missed hearing will attend.

After the Hearing

The judge may issue a binding payment order — monthly or bi-weekly instalments, or a lump-sum payment by a specific date. If the debtor's disclosed finances show assets you can attach, you now have the information to file a garnishing order or other enforcement application.

If the debtor's disclosure shows genuine inability to pay (no income, no assets above exemption limits), the judge may set a modest instalment schedule or note that the debtor is currently judgment-proof. But the judgment remains valid for 10 years, and you can schedule another payment hearing later if their circumstances change.

The Full Enforcement Walkthrough

A payment hearing is usually the first active enforcement step — the point where you gather the intelligence that drives everything else. The BC Order Enforcement Guide walks through the entire sequence, from the initial demand letter through payment hearings, garnishment, seizure, and case closure.

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