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Notice of Examination:
Involves Minor Quirk That Requires Special Attention
Question: How do I correctly complete Ontario Small Claims Court Notice of Examination (Form 20H) when it shows “Creditor” and “Debtor”?
Answer: On Ontario Small Claims Court Form 20H, list all parties exactly as they appeared in the original lawsuit’s title of proceeding (plaintiffs and defendants), even if the form’s “Creditor” and “Debtor” labels seem inconsistent, and fill in the examination date and the outstanding judgment amount plus interest as shown on your enforcement materials. Alfred Legal Services provides Affordable Legal Help in Ontario to prepare and review Form 20H, and can also include a cover letter reminding the debtor to complete and bring Form 20I (Financial Information Form) with supporting documents to the examination.
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.
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