- An examination in aid of execution exists for one purpose: helping a judgment creditor find out about the debtor's income and assets so the judgment can actually be enforced.
- - [ ] Employment and income — where the debtor works, how they're paid, and roughly how much they earn - [ ] Bank accounts — which institutions, account types, and approximate balances -…
- - [ ] Privileged communications — for example, communications between the debtor and their own lawyer about unrelated matters - [ ] Matters with no reasonable connection to income or…
You've got a judgment. Now you need to know where the money actually is. An examination in aid of execution puts the debtor under oath and gives you a real chance to find out — but only if you ask the right questions, within the scope the process actually allows. Knowing what's fair game, and what's likely to draw an objection, makes the difference between a productive examination and a wasted afternoon.
This guide walks through the kind of ground a creditor can typically cover, and where the boundaries usually sit.
The Underlying Purpose Shapes the Scope
An examination in aid of execution exists for one purpose: helping a judgment creditor find out about the debtor's income and assets so the judgment can actually be enforced. Because that's the purpose, the questions that are fair game are generally the ones that reasonably relate to that goal — the debtor's financial position, not an open-ended inquiry into their entire life.
What You Can Generally Ask About
- [ ] Employment and income — where the debtor works, how they're paid, and roughly how much they earn
- [ ] Bank accounts — which institutions, account types, and approximate balances
- [ ] Real property — any land or homes owned, alone or with others, and any mortgages against them
- [ ] Vehicles and other significant personal property — cars, boats, equipment, and similar assets of meaningful value
- [ ] Investments — savings, RRSPs, non-registered accounts, or other holdings
- [ ] Debts owed to the debtor — money others owe the debtor, which could itself be a target for garnishment
- [ ] Recent transfers or dispositions of property — assets the debtor gave away, sold, or transferred, which can be relevant if they look like an attempt to put assets out of a creditor's reach
- [ ] Other sources of income or support — anything else that reasonably speaks to ability to pay
Documents can typically be requested alongside oral answers — bank statements, pay stubs, property records, and similar records that support or verify what the debtor says.
What's Likely Out of Bounds
- [ ] Privileged communications — for example, communications between the debtor and their own lawyer about unrelated matters
- [ ] Matters with no reasonable connection to income or assets — questions that look more like harassment or an unrelated fishing expedition than a genuine attempt to locate collectible assets
- [ ] Repetitive or abusive questioning — courts expect the process to be used for its intended purpose, not to wear the debtor down
- [ ] Information about third parties with no real bearing on the debtor's own assets — for instance, prying into a spouse's or family member's finances beyond what's genuinely relevant to jointly held or debtor-controlled property
If a line of questioning strays too far from "can this help me find assets or income to enforce against," it's more likely to draw a legitimate objection.
A Practical Way to Think About It
| Ask yourself | If yes | If no |
|---|---|---|
| Does this help me find money or assets to enforce against? | Likely fair game | Reconsider the question |
| Is this reasonably connected to the debtor's finances? | Likely fair game | Likely out of scope |
| Am I asking to verify or follow up on an earlier answer? | Likely fair game | May be a new, separate line worth its own justification |
| Am I asking about something clearly unrelated to collectability? | — | Likely out of scope |
Consequences of Dishonest Answers
Because the examination happens under oath, a debtor who deliberately gives false or misleading answers is doing more than just being unhelpful — they're exposing themselves to the consequences of dishonesty in a court proceeding. If a creditor later discovers the debtor lied about assets or income during an examination, that can support further court intervention and can seriously damage the debtor's credibility in any future dealings with the court on the same enforcement file.
Frequently asked questions
Can I ask the debtor why they haven't paid the judgment?
You can ask questions relevant to their ability to pay, but the examination isn't really the venue for relitigating the merits of the original dispute or demanding an explanation for non-payment as such — its focus is locating income and assets, not assigning blame.
Can I ask about assets held jointly with a spouse or partner?
Generally yes, to the extent it's relevant to what the debtor owns or has an interest in — jointly held property can still be part of the picture. Questions that stray into a third party's entirely separate finances are more likely to be challenged.
What if the debtor claims they don't remember or don't know the answer?
That happens, and it's a reasonable answer if genuinely true — but a pattern of convenient memory lapses about basic financial facts can itself become a red flag worth raising with the court.
Can I ask for documents in addition to oral testimony?
Yes — requesting supporting documents like bank statements or pay records is a normal and often more reliable way to confirm what's said during the oral examination.
This is a litigation question
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