Judgment Debtor Examination in Ontario Small Claims Court

What a Judgment Debtor Examination Is

After a judgment creditor wins a monetary order in Ontario Small Claims Court, if you default on it, the creditor can compel you to appear and disclose your finances under oath. The creditor asks the clerk to issue a Notice of Examination (Form 20H) — the current issuance fee is $68 — and the clerk sets the examination date. The notice states when and where to appear. It must be served at least 30 days before the examination, by personal service or another method allowed under the Rules.

This is not a trial or a second chance to argue your case. The judgment is already final. The examination exists so the creditor can find out where your money and assets are, to decide which enforcement tools to use next.

What You Will Be Asked

The creditor (or their representative) asks questions about your financial situation while you are under oath. Expect detailed questions about:

• Employment — your employer, job title, pay frequency, gross and net income
• Bank accounts — institution, branch, account numbers, current balances
• Real property — whether you own a home, its approximate value, any mortgage balance
• Vehicles — year, make, model, whether there is a lien
• Other assets — RRSPs, TFSAs, pensions, jewelry, electronics, tools of the trade
• Debts — other judgments, credit card balances, CRA arrears, support orders
• Monthly expenses — rent, utilities, food, transportation, insurance, childcare

The creditor must serve you with the notice and a blank Financial Information Form (Form 20I) at least 30 days before the examination. If you are an individual debtor, complete the form, serve it on the creditor (do not file it with the court), provide a copy to the judge at the examination, and bring documents needed to support the information you provide. Pay stubs, bank statements, tax returns, and expense records can help support your answers.

What Happens If You Do Not Show Up

Failing to attend a properly served examination is serious. Under Rule 20.11, the court may order you to attend a contempt hearing. A judge may find you in contempt if the failure to attend was wilful. If the court finds you in contempt, it may order:

• Attendance at an examination
• Jail for up to 40 days
• Attendance at an additional contempt hearing, or compliance with another order the judge considers necessary or just

Ignoring a Form 20H notice does not make the judgment go away. The court can take further steps through the contempt process, and the creditor may continue with enforcement steps, subject to any order as to payment.

How to Prepare

The best approach is straightforward honesty. The judge has heard every variation of "I have no money" — what matters is the documentation.

Organize your Financial Information Form (Form 20I) carefully. List every source of income, every bank account, every recurring expense. Attach three months of pay stubs and bank statements. If you genuinely cannot pay the judgment in full, the examination gives you an opportunity to propose realistic instalment terms that a judge can formalize into a payment order.

Certain property is exempt from seizure under Ontario law. The Execution Act protects necessary household furniture and appliances (up to a prescribed value), tools of the trade, and one motor vehicle worth up to $8,578. Knowing what is and is not reachable helps you understand what the creditor can actually collect.

What Comes After the Examination

Armed with your financial information, the creditor decides which enforcement mechanism to pursue:

• Garnishment (Form 20E) — attaches your wages or bank account; the $144 filing fee is added to your debt
• Writ of Seizure and Sale of Personal Property (Form 20C) — directs the sheriff to seize non-exempt personal property; $68 filing fee
• Writ of Seizure and Sale of Land (Form 20D) — if you own real estate, this can be registered against title

If you cooperate at the examination and propose reasonable terms, many creditors agree to an instalment arrangement without pursuing garnishment or seizure. The key is showing up, telling the truth, and having your paperwork in order.

For a full walkthrough of the defence process — from the initial 20-day response deadline through hearings and post-judgment options — the Ontario Small Claims Defence Guide covers every stage.

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