Open main menu

Clicklaw Wikibooks β

Changes

Examination of Debtors

147 bytes added, 02:16, 1 October 2018
no edit summary
== Client problems==
* Client has been served court papers requiring them to go to a hearing to answer questions about their ability to pay a court judgment.

 
== Summary of the law==
[[File:Consumer_Law_and_Debt_-_Examination_of_Debtors.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]Once a judgment is taken against a debtor, the creditor has a number of legal methods to enforce the judgment. One method, available in both Small Claims Court and Supreme Court, is a kind of enforcement hearing. This is a hearing to gather information about the debtor’s financial situation and have an order made. At this hearing:
* the debtor is questioned about their ability to pay,

* the creditor has an opportunity to find out the financial circumstances of the debtor, and

1,621
edits