NWT Small Claims Payment Hearing: Form 23, Form 26, and What to Expect
What a Payment Hearing Actually Is
You won your case in the Territorial Court of the Northwest Territories. The judge issued a Payment Order on Form 21 — principal sum, pre-judgment interest, costs — and gave the other side a deadline to pay. That deadline passed. Nothing arrived.
A payment hearing is the next step. It requires the judgment debtor to attend court and lets the judge assess the debtor's ability to pay and consider whether to order a payment schedule. The financial disclosure can help you decide which separate enforcement step to pursue.
The entire process runs through three forms: Form 23 (Summons to Payment Hearing), Form 26 (Statement of Finances), and Form 24 (Notice of Payment Hearing).
Filing Form 23: Summoning the Debtor
To start a payment hearing, file Form 23 at the Territorial Court registry that issued your Payment Order. The filing fee is $25. You fill in the debtor's name, the file number from your original claim, and the unpaid balance.
Once the registry stamps Form 23, you must personally serve the summons on the person named in it at least seven days before the hearing. Complete Form 3 (Affidavit of Service) as proof of service and bring it to the hearing.
The summons orders the debtor to complete Form 26 (Statement of Finances) and bring it to the hearing. Form 26 requires detailed financial disclosure: employment income, government benefits, bank balances, vehicle ownership, real property, debts owed to others, and monthly expenses.
What Happens at the Hearing
The debtor appears before a Territorial Court judge and is examined under oath. You (or your representative) ask questions about their finances. The judge reviews Form 26 and any supporting documents — pay stubs, bank statements, tax returns.
The hearing is not a re-trial of the merits. The judge assesses the debtor's ability to pay and considers whether to order a payment schedule.
Based on the disclosure, the judge may order a payment schedule. You can use the financial information to decide whether to pursue a separate Garnishee Summons (Form 35) against a bank or employer or a Writ of Execution (Form 22) through the Sheriff's Office.
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When the Debtor Does Not Show Up
If the debtor was properly served with Form 23 and fails to appear, the judge may issue a warrant for the debtor's arrest.
Before filing Form 23, confirm your proof of service is airtight. An improperly served summons gives the debtor grounds to have any resulting order set aside.
Costs and Practical Timing
The Form 23 filing fee is $25. Keep the receipt and include the fee among any costs you ask the court to allow; the judge decides which costs are recoverable. Add the cost of serving the summons (process server fees or Sheriff's Office charges under Schedule B, which includes $0.50 per kilometre for travel).
In remote NWT communities served by circuit court, the hearing may not happen until the next scheduled sitting. If the debtor lives in a community like Fort Simpson, Norman Wells, or Tuktoyaktuk, factor in the circuit schedule when deciding between a payment hearing and other enforcement tools like garnishment, which can proceed without a court appearance.
Payment Hearings vs. Other Enforcement Options
A payment hearing makes sense when you do not know what the debtor owns. If you already know their employer or bank, a Garnishee Summons (Form 35) may be faster — it attaches wages or bank funds directly without requiring the debtor to appear.
If the debtor owns identifiable personal property, a Writ of Execution (Form 22) sent to the Sheriff's Office may recover the judgment through seizure and sale.
The payment hearing is most valuable when the debtor's finances are opaque. The sworn disclosure on Form 26 gives you the information you need to choose the right enforcement tool.
Getting the Full Procedure in One Place
The NWT Small Claims Filing Guide walks through every stage from demand letter to enforcement — including the payment hearing forms, a deadline calendar, and a service tracker. If you are navigating enforcement after a Payment Order, it maps out each option and the forms required.
Get Your Free Northwest Territories Small Claims Filing Checklist
Download the Northwest Territories Small Claims Filing Checklist — a printable guide with checklists, scripts, and action plans you can start using today.