Notice of Examination:

Question: How do I prepare Form 20H Notice of Examination in Ontario if there is a Creditor and Debtor labelling glitch?

Answer: In Ontario small claims, you can prepare the Notice of Examination (Form 20H) for a debtor examination by using the exact proceeding title shown in your underlying court documents, then naming the full parties as required for all plaintiffs or defendants tied to the judgment, because the form’s “Creditor” and “Debtor” labels can appear inconsistently even though the required information is available from the Court Clerk (like the proposed exam date and the outstanding judgment amount plus interest)   . If the person being examined is the debtor, you must also ensure the debtor completes the Financial Information Form (Form 20I) and brings it along with supporting documents to the hearing, and Mole Legal Services can review your Forms 20H and related documents and help prevent avoidable filing errors across Ontario   . To get practical step-by-step paralegal and property management support, call (647) 709-5157 today.

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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.

Note: Please contact Mole Legal Services by phone at: (647) 709-5157 to discuss any specific questions that you may have.

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.