Acts and Regulations

2012-103 - General

Full text
Payment hearing
24(1)If a claim is for debt only or in part for debt and a defendant in a response admits any part of the claim that is for debt and requests in the response that a payment hearing be conducted to assist the parties in arranging a schedule for the payment of the amount owing, a clerk shall ascertain if the claimant agrees to a payment hearing and shall notify the defendant of the claimant’s reply.
24(2)If the claimant agrees to a payment hearing, a clerk shall send a notice (Form 9) to the parties of the time and place of the payment hearing to be conducted by the clerk, by any means that provides proof of receipt of the notice.
24(3)A defendant shall bring all relevant financial information to the payment hearing, including a copy of his or her income tax return for the previous year and proof of present earnings.
24(4)If the parties agree to a schedule for payment of the debt at a payment hearing, the parties shall enter into a payment agreement (Form 10) and the clerk shall file the agreement with the court and give a copy to the parties.
24(5)If a payment agreement is filed with the court, a claimant shall not request judgment against the defendant unless the defendant fails to make a payment in accordance with the agreement.
24(6)If a defendant fails to make a scheduled payment in accordance with the payment agreement, the claimant may, without notice to the defendant, request judgment (Form 6) for the balance owing, and the clerk may enter default judgment in respect of the claim (Form 7) including filing fees, reasonable and actual costs of service and interest due to the date of judgment in accordance with subsection 58(1).