An examination in aid of execution — started by filing a Notice of Examination (Form 20H) — requires a judgment debtor to attend court and answer questions under oath about their income, employment, bank accounts, and property. It is the standard tool for finding out what a debtor actually has before you attempt garnishment or seizure. A debtor who is properly served and fails to attend can be found in contempt.
- An examination in aid of execution forces the judgment debtor to disclose income, employment, bank accounts, and property under oath.
- You start the process by having court staff issue a Notice of Examination (Form 20H), then serving it on the debtor.
- The debtor is typically also asked to complete a Financial Information Form disclosing their financial circumstances.
- A debtor who is properly served and simply fails to attend can face a contempt motion, which can carry serious consequences.
- Information gathered at the examination — the debtor’s employer, bank, and assets — is what lets you target wage garnishment, bank garnishment, or a writ of seizure and sale accurately.
- Skipping this step and guessing at a garnishee wastes court fees if the debtor does not actually work or bank where you assumed.
What an Examination in Aid of Execution Is
Getting a judgment tells you how much you are owed. It does not tell you whether the debtor has a job, where they bank, or what they own. An examination in aid of execution — sometimes called a debtor examination or examination hearing — is the tool that fills that gap. It requires the judgment debtor to attend court and answer questions under oath about their financial circumstances.
Enforcement tools like wage garnishment and bank garnishment only work if you target the right employer or financial institution. Guessing wastes court fees and tips off the debtor without producing results. An examination gives you accurate, sworn information before you spend money enforcing.
Starting an Examination (Form 20H)
You start the process by asking court staff to issue a Notice of Examination (Form 20H). The notice must then be properly served on the debtor, the same way other court documents are served, with enough advance notice before the scheduled date. Along with the notice, the debtor is typically given a blank Financial Information Form to complete and bring to the hearing, or to disclose directly to you.
What You Can Ask the Debtor
- Current and recent employment, including employer name and address
- Wages, salary, and other sources of income
- Bank accounts and the financial institutions that hold them
- Real property owned in Ontario or elsewhere
- Vehicles, equipment, and other valuable personal property
- Money owed to the debtor by others
- Whether assets have been transferred to someone else to avoid paying creditors
A creditor holds a $9,000 judgment but has no idea where the debtor works or banks. Rather than guessing, they schedule an examination. The debtor discloses their employer and bank at the hearing, and the creditor uses that information to serve an accurate Notice of Garnishment the same week.
What Happens at the Hearing
At the hearing, the debtor answers questions under oath, either from the creditor directly or through the court process, depending on how the hearing is conducted. The goal is a clear financial picture: what the debtor earns, what they own, and what, realistically, is available to satisfy the judgment.
If the Debtor Does Not Show Up
If the debtor was properly served with the Notice of Examination and simply fails to attend, the matter can be brought before the court on a contempt basis. This is a serious step that can result in significant consequences for the debtor, including a warrant for their attendance. Debtors who have been properly served are not well advised to simply ignore the notice.
The same applies to a debtor who attends but refuses to answer questions or produce the information requested — that conduct can also be treated as a basis for further court action.
Using What You Learn
Once you know where the debtor works, banks, or what they own, you are in a position to pursue targeted enforcement — a Notice of Garnishment against the right employer or bank, or a writ against real property they disclosed. If the examination reveals the debtor has little or nothing, it may be more realistic to negotiate a payment plan or wait and re-examine later if their circumstances improve, since Ontario judgments remain enforceable for 20 years.
Trying to collect on a judgment in Toronto or anywhere in Ontario? Our lawyers and paralegals offer a free 30-minute consultation on enforcement strategy. Call us at 416-274-2222 or contact us online.
Frequently Asked Questions
It is a court hearing where a judgment debtor is required to answer questions under oath about their income, employment, bank accounts, and property, so the creditor can decide how to enforce the judgment.
File a Notice of Examination (Form 20H) with the Small Claims Court, pay the required fee, and have it served on the debtor in the same manner as other court documents.
If the debtor was properly served and fails to attend without a valid excuse, you can bring the matter before the court on a contempt basis, which can carry serious consequences for the debtor, including a warrant.
In some circumstances a third party with relevant knowledge of the debtor’s finances can be examined, though the specific requirements differ from examining the debtor directly. Ask a lawyer about your specific situation.
They are required to answer truthfully about their income, employment, bank accounts, real property, and other assets. Concealing assets or lying under oath carries its own legal consequences.
You can typically request one as soon as you have a judgment and the debtor has not paid voluntarily. Acting promptly reduces the chance the debtor moves assets or changes jobs before you get the information.
Use it to target enforcement precisely — serving a Notice of Garnishment on the actual employer or bank the debtor named, or registering a writ against real property they disclosed.