If you are the successful party in your case

If the Court has made a judgment in your favour after trial, you can start taking steps to collect on the judgment. The successful party is called the creditor, and the unsuccessful party (who owes money under the judgment) is called the debtor.

Try to reach an agreement with the debtor about paying the amount they owe. This may be the easiest and most cost-effective way to collect your money. If that does not work, there are court processes available to help you enforce the judgment.

If you want to take an enforcement step but need to know more information about the debtor’s financial situation to do this, you can ask for an examination hearing. This is explained in more detail below.

Enforcement steps

If you are ready to take an enforcement step, there are four options available to you:

• Garnishment
• Writ of seizure and sale of personal property
• Writ of seizure and sale of land
• Writ of delivery

For more information about these options, see the After judgment section of the Ministry of the Attorney General’s Guide to procedures in small claims court.

Examination hearing

At an examination hearing, you can examine the debtor or anyone else who might have information related to enforcing the judgment. This can include:

• The debtor’s debts, income, property and previous transactions
• Any debts owed to the debtor
• Reasons why the debtor has not paid
• Whether the debtor intends to obey the judgment
• Whether the debtor has a reason not to obey the judgment
• Any other information related to enforcing the judgment

You can ask for an examination hearing by requesting court staff to issue a Notice of Examination (Form 20H). You must then serve the Notice of Examination on each person you intend to examine. If you intend to examine the debtor, then you must serve a blank Financial Information Form (Form 20I) on them as well. They will be required to fill it out and provide it to you.

Be aware of Rule 20.10 of the Rules of the Small Claims Court, which governs examination hearings.

Other important information about the examination hearing process is in the After judgment section of the Ministry of the Attorney General’s Guide to procedures in small claims court.

If you are the unsuccessful party in your case

If the Court has made a judgment against you after trial, the successful party can immediately start taking steps to collect the money you owe them. The successful party is called the creditor, and the unsuccessful party (who owes money under the judgment) is called the debtor.

The creditor may ask you to pay the money right away. If you cannot pay the entire amount right away, the creditor may agree to a payment schedule. However, they do not have to agree. The judgment entitles the creditor to the money right away.

The creditor may require you to attend an examination hearing to answer questions and provide documents about your financial situation. To do this, they will serve you with a Notice of Examination (Form 20H) and a blank Financial Information Form (Form 20I). You will be required to complete the Financial Information Form and attend the hearing.

Examination hearing

If you have been served with a Notice of Examination (Form 20H), then you must attend the examination hearing. You must also fill out the Financial Information Form (Form 20I) and provide it to the creditor. Do not file it with the Court.

Come to the examination prepared to answer questions and provide documents about your financial situation and other issues related to the judgment. The creditor can ask about anything related to enforcing the judgment against you, including:

• Your debts, income, property and previous transactions
• Any debts owed to you
• Reasons why you have not paid
• Whether you intend to obey the judgment
• Whether you have a reason not to obey the judgment
• Any other information related to enforcing the judgment

These hearings are held under oath and in private.

At an examination hearing, the Court may make orders about paying the judgment.

If you do not come to the hearing, or you come but refuse to answer questions or show important documents, then the Court may require you to attend a contempt hearing. This hearing can have very serious consequences, including imprisonment.

Contempt hearing

At a contempt hearing, you have an opportunity to explain why you did not attend the examination hearing or refused to answer questions or produce documents. The Court will listen to your explanation and decide whether to find you in contempt of court.

If the Court finds you in contempt of court, you may face very serious consequences. The Court can make a variety of orders against you, including imprisonment for up to five days.

Asking to cancel the contempt hearing

If you have been ordered to attend a contempt hearing, you may file a Notice of Motion and Supporting Affidavit (Form 15A) asking the Court to set aside the order. The Court will decide whether to set aside the order and require you to attend another examination hearing instead.

You must make this request and file and serve this Notice of Motion and Supporting Affidavit on the other parties before the date of the contempt hearing. The Court may deny the motion and require you to attend the hearing on the scheduled date.

Rule 20.11 of the Rules of the Small Claims Court governs all contempt hearings in the Small Claims Court.

Section 30 of the Courts of Justice Act also applies to contempt hearings ordered after someone failed to attend an examination hearing.

More information

Other important information about contempt hearings appears in the After judgment section of the Ministry of the Attorney General’s Guide to procedures in small claims court.