Small Claims Court

What happens at a Small Claims examination hearing?

Last updated October 7, 2026.

An examination hearing is a private court hearing, held after a Small Claims judgment goes unpaid, where the debtor answers questions under oath about income, property, bank accounts and debts. A debtor who is an individual must complete a Financial Information Form and bring documents to back it up. The judge can then make a payment order, and a debtor who skips the hearing or refuses to answer can face a contempt hearing and up to five days in jail.

For a creditor, the hearing is how you find the employer or bank to garnish. For a debtor, it is often a good chance to get a payment schedule the court will enforce. Our page on help with Small Claims Court cases explains how Carson Frankum, a licensed paralegal in Hamilton, helps on both sides of a judgment.

How does an examination hearing work, step by step?

The process is set out in rules 8.01, 20.10 and 20.11 of the Rules of the Small Claims Court, read with the Ministry of the Attorney General's guide to what happens after judgment. Here is the usual order of events.

1. The judgment goes unpaid. A creditor can ask for an examination once there is a default under an order for the payment or recovery of money (r. 20.10(1)). The province's guide suggests starting with a written request for payment, and says an examination is a sensible first step if you do not know where the debtor works or banks.
2. The creditor picks the right court. The notice is issued by the clerk of the court in the territorial division where the debtor or other person to be examined lives or carries on business (r. 20.10(1)). If the judgment came from a different court, the creditor first gets a Certificate of Judgment (Form 20A) from the court that made it ($30) and files it with the request (r. 20.10(2)(b)).
3. The creditor files the paperwork. That means a Notice of Examination (Form 20H) and an Affidavit for Enforcement Request (Form 20P) showing the date and amount of the order, the postjudgment interest rate, payments received and the balance owing (r. 20.10(2)). The court fee to issue a notice of examination is $68. The clerk signs the notice and sets the date.
4. The creditor serves it at least 30 days ahead. The notice must be served personally or by an alternative to personal service, not simply mailed (r. 8.01(10)). If the debtor is an individual, a blank Financial Information Form (Form 20I) goes with it (r. 8.01(11)). Service must happen at least 30 days before the hearing, and the notice must be filed with proof of service at least three days before it (r. 8.01(12)).
5. The debtor prepares. The person served must inform themselves about the topics in rule 20.10(4) and be ready to answer. An individual debtor completes Form 20I, serves it on the creditor (it is not filed with the court) and brings a copy for the judge, plus documents that support it (r. 20.10(4.1) and (4.2)).
6. The hearing takes place. It is held in the absence of the public unless the court orders otherwise, conducted under oath, and recorded (r. 20.10(6)).
7. The court may make a payment order. After the examination, or if the debtor's consent is filed, the court may make an order as to payment (r. 20.10(7)). While it is in force, the creditor named in it cannot take other enforcement steps except a writ of seizure and sale of land filed with the sheriff (r. 20.10(8)).
8. If the debtor does not cooperate. A person who fails to attend, or attends but refuses to answer or produce documents, can be ordered to a contempt hearing (r. 20.11(1) and (2)).

Where the hearing happens depends on where the debtor lives. If the debtor lives or does business in Hamilton, the notice comes from the Hamilton Small Claims Court at the John Sopinka Courthouse; our page on Small Claims Court in Hamilton covers the local office.

Fees are from O. Reg. 332/16, the Small Claims Court fees regulation, and a person who cannot afford them can ask for a fee waiver. For every other fee in a case, see what it costs to file and run a Small Claims case.

What questions can be asked?

Rule 20.10(4) lists the topics. The debtor, any other person named in the notice, and any witness the court considers necessary can be examined about:

• the reason for not paying;
• the debtor's income and property;
• debts owed to the debtor and by the debtor;
• any property the debtor has disposed of, before or after the order was made;
• the debtor's present, past and future means to pay;
• whether the debtor intends to obey the order, or has any reason for not doing so; and
• any other matter pertinent to enforcing the order.

In practice, the ministry's guide says to expect questions about where the debtor works, vehicles or land they own, and every bank branch where they hold an account, including joint accounts. Those answers are what a creditor needs for a garnishment or a writ. The guide also suggests both sides take notes.

The Financial Information Form gives a snapshot of income, expenses, debts and assets. It does not go into the court file, and the guide warns that court files are generally open to the public, so ask the courtroom clerk to give your form and documents back at the end of the hearing.

What changes the answer?

• The debtor is a business. For a corporation, the creditor can examine an officer or director; for a partnership or sole proprietorship, a partner or the owner (r. 20.10(5)). The guide says to name the person who has the information you need. Only an individual debtor fills out Form 20I (r. 20.10(4.1)(b)).
• Someone other than the debtor knows the facts. The rule allows a notice of examination directed to "the debtor or other person" (r. 20.10(1)), so a creditor can examine a third person about the debtor's assets.
• The debtor did not attend. Under section 30 of the Courts of Justice Act, the court can order a contempt hearing and can find contempt only if the person was required to attend, was properly served, failed to attend, and the failure was wilful (s. 30(2)).
• The debtor attended but would not answer. The court may order a contempt hearing (r. 20.11(1)) and may find contempt if the person fails to show cause why they should not be held in contempt (r. 20.11(5)).
• A payment order is already in place. If the debtor is paying under an order for periodic payment or a consolidation order, the creditor named in it cannot take enforcement steps other than a land writ (r. 20.02(2) and r. 20.09(9)). See our page on paying a Small Claims judgment in instalments.
• The judgment was a default judgment. A debtor who never had notice of the claim may want to ask the court to set the judgment aside before arguing about payment; see what a default judgment is and when it can be set aside.

What happens at a contempt hearing?

Contempt is about how the person behaved toward the court, not about the debt. The ministry's guide says plainly that paying the debt after a contempt hearing has been ordered does not remove the contempt: you still have to attend unless the order was set aside.

The clerk gives the creditor a notice of contempt hearing, which the creditor must serve personally and file with proof of service at least seven days before the hearing (r. 8.01(13) and r. 20.11(3)). A person ordered to a contempt hearing for failing to attend can bring a motion before the hearing date to set that order aside, and the court can instead order them to attend another examination (r. 20.11(4)). At the contempt hearing, the court may order the person to attend an examination, to be jailed for not more than five days, to attend another contempt hearing, or to comply with any other order the judge considers necessary or just (r. 20.11(7)).

If jail is ordered, the clerk issues a warrant of committal (Form 20J) directed to all police officers in Ontario, and the creditor may file an identification form (Form 20K) to help police find the person (r. 20.11(8)). The warrant stays in force for 12 months and can be renewed on the creditor's motion (r. 20.11(10)).

A worked example

For example, imagine a Hamilton painter named Luis who won a $6,500 judgment against a former customer for an unpaid job. Three months pass with no payment and no reply to his letter. Luis does not know where the customer works now. (How a claim like his gets to judgment is covered in our guide to suing a customer for an unpaid invoice.)

The customer lives in Hamilton, so Luis files a Notice of Examination and an Affidavit for Enforcement Request with the Hamilton Small Claims Court and pays $68. He has a process server hand the customer the notice and a blank Financial Information Form 35 days before the hearing date, then files the affidavit of service a week ahead.

At the hearing, the customer brings the completed form, recent pay stubs and a bank statement. Under oath, he names his new employer and his bank branch, and explains that he is supporting two children. The judge makes an order that he pay $400 a month. Luis now knows that if a payment is missed, he can serve a notice of default and, 15 days later, garnish the wages at the employer named under oath.

This is a made-up illustration, not a real case. A judge could make a different order, or no order at all.

Common mistakes people make

• Just mailing the notice. A notice of examination must be served personally or by an alternative, such as leaving it with an adult in the household and mailing a copy the same or next day (r. 8.01(10) and r. 8.03(2)). That alternative takes effect only on the fifth day after mailing (r. 8.03(4)), so count your 30 days from then.
• Serving too late. Less than 30 days' notice breaks rule 8.01(12)(a). If you cannot serve in time, the guide says to call the court office.
• Applying in the wrong court. The notice comes from the division where the person to be examined lives or does business, with a Certificate of Judgment if the order came from elsewhere (r. 20.10(1) and (2)).
• Debtors filing the Financial Information Form with the court. It is served on the creditor and handed to the judge, not filed (r. 20.10(4.1)). Take your copy back after the hearing.
• Ignoring the notice. Not going can lead to a contempt hearing and, in the end, up to five days in jail (r. 20.11(7)). Attending and proposing a realistic payment plan is usually the better course.
• Creditors not using what they learn. The hearing produces names and branches. Follow up quickly with a garnishment or writ, keeping in mind what property cannot be seized to pay a judgment.

What to do this week

1. Creditors: confirm the judgment is in default and calculate the balance with postjudgment interest.
2. Find out where the debtor lives or does business, and get a Certificate of Judgment if that is in a different court's area.
3. Complete Form 20H and Form 20P, file them with the $68 fee, and get a hearing date.
4. Book personal service at least 30 days before the date, with a blank Form 20I for an individual debtor.
5. Debtors: fill out Form 20I honestly, gather pay stubs, bank statements and bills, and serve the form on the creditor before the hearing.
6. Both sides: write down the questions you want answered or the payment plan you can afford, and bring a pen.

Frequently asked questions

Can I bring someone to represent me at the examination?

Yes. The guide says representatives may attend with the creditor and the person being examined. Examination and contempt hearings are part of a Small Claims Court proceeding, which is within a licensed paralegal's scope under Law Society of Ontario By-Law 4.

Is the examination open to the public?

No. The examination is held without the public present unless the court orders otherwise, and it is recorded and conducted under oath (r. 20.10(6)).

How soon after judgment can a creditor ask for an examination?

As soon as there is a default under the order (r. 20.10(1)). The province's guide says enforcement steps can start immediately after judgment, though a written demand for payment is a sensible first step.

Will I be asked about joint bank accounts?

Yes, the ministry's guide says to be ready to name every bank branch where you hold an account, including accounts held jointly with someone else. If a creditor later garnishes a joint account, the starting point is that one-half of the money can be taken, unless the court orders a different share at a garnishment hearing (r. 20.08(2)).

Will the examination stop a garnishment?

Not by itself. An order as to payment made at the examination does limit enforcement while it is in force, except for a writ against land (r. 20.10(8)).

What if the debt is very old?

There is no limitation period for a proceeding to enforce a court order (Limitations Act, 2002, s. 16(1)(b)), but some enforcement steps need the court's permission after six years. See how long a Small Claims judgment lasts.

What if the debtor has moved to another city?

The notice is issued by the court in the territorial division where the person to be examined now lives or carries on business, so a creditor with a Hamilton judgment may need a Certificate of Judgment to file in another court (r. 20.10(1) and (2)). For the wider picture of collecting, see our article on how to collect on a Small Claims judgment.

Sources

• Rules of the Small Claims Court, O. Reg. 258/98, Rules 8.01, 20.02, 20.09, 20.10 and 20.11 (Ontario e-Laws)
• Courts of Justice Act, R.S.O. 1990, c. C.43, section 30 (Ontario e-Laws)
• Limitations Act, 2002, section 16 (Ontario e-Laws)
• Small Claims Court: Fees and Allowances, O. Reg. 332/16 (Ontario e-Laws)
• Guide to procedures in small claims court: After judgment (Ministry of the Attorney General)
• Hamilton (John Sopinka) Courthouse, Superior Court of Justice
• Law Society of Ontario By-Law 4, Licensing

Need help with a Small Claims Court matter? Contact us today for a consultation.

This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.