Personal Finance

debtor failed to show up at examination hearing, what will the court do?

  • Last Updated:
  • Dec 8th, 2018 12:57 pm
[OP]
Member
Oct 28, 2015
280 posts
37 upvotes
north york, ON

debtor failed to show up at examination hearing, what will the court do?

Hi I am about to file an examination hearing against debtor (the defendant who damaged my vehicle, and I was granted final verdict at ontario small claims court), but I am pretty sure that he will not show up at this hearing either (he failed to file a defense after receiving my claim, nor attended the court session ). What will the court do next? Will they send cops to the defendant's home and arrest him for such hearing?

Is it pointless to file an examination hearing and there is no way I can get the defendant's money?

thanks
13 replies
Member
May 16, 2017
372 posts
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xuanzh wrote:
Dec 7th, 2018 1:50 pm
Hi I am about to file an examination hearing against debtor (the defendant who damaged my vehicle, and I was granted final verdict at ontario small claims court), but I am pretty sure that he will not show up at this hearing either (he failed to file a defense after receiving my claim, nor attended the court session ). What will the court do next? Will they send cops to the defendant's home and arrest him for such hearing?

Is it pointless to file an examination hearing and there is no way I can get the defendant's money?

thanks
An examination hearing isn't mandatory - it is to collect information on the debtor to provide guidance to the Court on ordering payment. Just like a no-show for the claim, itself, you can propose a reasonable time for payment and will likely get it by default. Then the issue is actually enforcing payment without having sufficient personal details. The options are garnishment or seizure of property in lieu of cash payment. Unfortunately, probably all more court and personal time.
Deal Fanatic
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Dec 27, 2009
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Ottawa, ON
You are likely wasting your time.
Deal Fanatic
Oct 1, 2004
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Toronto
shouldn't the insurance be doing this instead of you?
Deal Addict
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Aug 3, 2009
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Nova Scotia
Assuming a no show you next set a contempt hearing. Assumg further no show you'll likely get a finding of contempt. court will consider remedy, including arrest, to address the contempt.
Member
May 16, 2017
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greg123 wrote:
Dec 7th, 2018 6:39 pm
shouldn't the insurance be doing this instead of you?
Why would you assume there is insurance coverage (partial or complete) in this case?
[OP]
Member
Oct 28, 2015
280 posts
37 upvotes
north york, ON
haliwood wrote:
Dec 7th, 2018 7:41 pm
Assuming a no show you next set a contempt hearing. Assumg further no show you'll likely get a finding of contempt. court will consider remedy, including arrest, to address the contempt.
how much would be examination hearing , and contempt hearing? the court seems to be taking more money than it deserves. I don't know whether I should dwindle myself into this endless court crap any more, 8 months passed, and despite won the case, I couldn't get the money.....
Deal Addict
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Aug 15, 2015
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Markham, ON
Did you exchange information with the person you collided with? It is easiest to get information when the collision is small and minor. This way you don't have to waste court time and can ensure a mechanic give a proper fix at a price satisfactory to all parties, being you, the person you collided with, the mechanic you are familiar with and the mechanic the other person is familiar with.
Deal Addict
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Aug 3, 2009
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xuanzh wrote:
Dec 8th, 2018 12:01 am
how much would be examination hearing , and contempt hearing? the court seems to be taking more money than it deserves. I don't know whether I should dwindle myself into this endless court crap any more, 8 months passed, and despite won the case, I couldn't get the money.....
Not sure if you'll have more court fees or not. Enforcing is never easy unless you know where they work or if they own land. I always looked into enforcement options before pursuing a claim for this reason. All you can do is continue your process or resort to some PI to find out things about the debtor without the examination. You have many years to collect so take your time. The system is not geared in favour of creditors.
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Sep 23, 2009
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greg123 wrote:
Dec 7th, 2018 6:39 pm
shouldn't the insurance be doing this instead of you?
Some people opt out of Comprehensive (and sometimes Collision) Auto insurance coverage to save money.

So, if someone was debating whether or not to pay for such, they could take this thread as a cautionary tale as to how long it could take to get anything.
Deal Addict
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Dec 3, 2004
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It is possible to have an arrest warrant issued if a debtor doesn't show up for an examination hearing, but this is very rarely done. Especially for small claims court. The courts have zero interest in helping collect debts beyond giving a judgment. They only give you the tools to do it, but you must go and do it yourself or hire someone to do it. If the person you are after owes you money, then you need to get creative on how you can collect it. If they don't own any assets or have any known bank accounts or salary that can be garnished, then you may be best off just completely letting the case go idle. Back off and make the person think that you have forgotten about it. Judgment's last 10 years, but it has been proven that debtors generally start to move on after 2 years of not being harassed. If you wait 6 or 7 years, he might have a job or have slipped up some how and obtained property or maybe an inheritance. You can attach judgments to anything. If he gets hit by a car for instance and is owed money by car insurance, you can attach a claim to that.
[OP]
Member
Oct 28, 2015
280 posts
37 upvotes
north york, ON
thanks for all replies!

Yes, lesson learned better not skip *comprehensive coverage* for insurance. It's a piece that he hit flying off and damaged my vehicle, my shxtty insurance company insisted it was not covered (Desjardin)

anyways, despite my several *coersions* (putting you in jail phrase) the other party simply hang up the phone and his wife simply refuse to give me his working/banking info.

I will do put a lien either on his car or house , the only information that I know of.
Deal Addict
May 12, 2014
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Montreal
xuanzh wrote:
Dec 8th, 2018 8:40 am
...
I will do put a lien either on his car or house , the only information that I know of.
He owns a house? Then register your judgement against him on Equifax. Then register your judgement against his house (this can be done in Quebec by serving with a bailiff - something similar must exist in Ontario).

Then just ... Wait. The money will come, with interest.

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