What We Serve
Judgement Enforcement
When you find yourself holding an order from either the Landlord and Tenant Board (LTB) or the Condominium Authority Tribunal (CAT) mandating payment from your tenant, you may encounter situations where tenants either outright refuse to comply or are unable to do so due to their financial circumstances. This is where the crucial process of "enforcement" steps in. Enforcement entails taking the necessary legal actions to ensure that the judgment or order is enforced and the owed amount is recovered.
The LTB's "Orders" hold significant legal weight akin to judgments obtained from the Small Claims Court, thus empowering landlords to pursue various enforcement avenues:
Wage Garnishment: If the debtor is employed, landlords have the option to initiate wage garnishment. This legal process involves obtaining a court order to redirect a portion of the debtor's wages directly to the landlord until the owed amount is satisfied.
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Asset Seizure and Sale: In cases where debtors possess valuable assets, such as real estate, vehicles, or high-value items like artwork, landlords can pursue asset seizure and sale. This involves obtaining a writ of execution to seize the debtor's assets and sell them through public auction to recover the outstanding debt.
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Bank Account Garnishment: Debtors' bank accounts can be targeted for garnishment if they have sufficient funds to cover the owed amount. Landlords can obtain a writ of garnishment, directing the financial institution to freeze the debtor's account and release funds to satisfy the debt.
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Examination Hearing: When landlords are uncertain about debtors' financial situations or asset holdings, they can request an Examination Hearing. During this legal proceeding, debtors are required to provide detailed information about their finances, assets, and income sources under oath. This allows landlords to assess the debtor's ability to pay and identify potential enforcement measures.
Navigating the complexities of judgment enforcement requires a deep understanding of legal procedures and regulations. Our team specializes in navigating these legal intricacies on behalf of landlords, ensuring that enforcement actions are conducted efficiently and in compliance with the law. By entrusting us with the enforcement process, landlords can mitigate risks and focus on other essential aspects of property management while pursuing the recovery of owed amounts.
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