Judgment Debtor Examination Checklist

Summary

This checklist provides counsel with questions to ask a debtor on an examination in aid of execution or judgment/debtor examination, pursuant to Rule 60.10 of the Rules of Civil Procedure, R,R.O. 1990, O.Reg. 994 ("Rules"). A judgment/debtor examination is a post-judgment tool to discover a debtor's income, assets, liabilities, and overall ability to satisfy the judgment, and to guide next enforcement steps such as garnishment or writs. To start the process, the creditor serves a Notice of Examination (Form 34A) setting the time, date, and place of the oral examination; because it is an examination in aid of execution, the notice must be served personally on the debtor (or by an authorized alternative to personal service). During the examination, the debtor attends under oath before a court reporter or other authorized officer, must answer relevant questions, and may be required to produce financial records; failure to attend or to answer can attract contempt remedies. If the debtor is...