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    advantagelighti's Avatar
    advantagelighti Posts: 2, Reputation: 1
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    #1

    Jan 13, 2009, 07:05 PM
    What questions should I ask a defendant in court
    I have taken a customer to small claims. He did not show. I received a default judgement. He is a contractor that bought product for his personal home. I had our constable serve another "show cause" action which will bring him hopefully back to court on the 14th of January 2009. I would like to know what questions I should be asking him other than "where do you bank"... do you have any savings... what is your checking account, and or savings account numbers. Any ideas on how to find a way to settle this judgement?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 13, 2009, 07:43 PM

    That would be done in discovery, where he is to provide that to the court prior to trial.
    But findig the money is the hardest part, in most cases they don't provide you with it, and you will have to find it
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
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    #3

    Jan 13, 2009, 08:01 PM
    If what you are describing is what we in Ontario would refer to as a "debtor's examination" then you should be free to ask any and all questions regarding this contractor's finances. Such questions can be about personal property (including vehicles), real estate, savings and investments, income etc.

    Since you are dealing with a contractor/business you may also wish to ask who his customers are and/or who owes him money.

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