Judgement Enforcements

Collecting Money Following a Judgment in Small Claims Court Action

​

While various procedures are available to the parties involved, it is incumbent upon them to initiate the different enforcement actions available.

​

Immediate Actions Post-Judgment to Collect Money Owed

​

Enforcement actions can be initiated immediately following the issuance of a judgment. Regardless of whether the judgment was rendered following a trial, a settlement conference, or obtained via default, it is often prudent to begin with a simple written request for payment. A letter can be sent to the debtor requesting prompt payment, clearly stating the payment address and setting a reasonable deadline, considering potential delays like postal service and any other relevant factors. It is advisable to maintain a record of all payments received.

​

Should this initial request fail or if a satisfactory agreement cannot be reached with the debtor, further steps will be necessary to enforce the judgment. Generally, quicker actions by the creditor tend to yield better outcomes.

​

The subsequent steps a creditor takes should be based on the available information regarding the debtor's assets and their capacity to pay. If the creditor possesses adequate information, an enforcement action can be taken immediately. If the debtor's financial details, such as their bank, assets, or employment information, remain unknown, initiating an enforcement process might begin with requesting an examination hearing.

​

It is recommended that creditors read through this entire guide to determine the most effective methods of judgment enforcement for their specific circumstances.

​

Immediate Actions for Debtors Post-Judgment

​

Following the issuance of a judgment, debtors will likely receive a communication from the creditor requesting prompt payment. Upon receipt of such a notice, it is crucial for debtors to engage with the creditor without delay.

​

If capable of settling the full judgment amount, debtors should send payment directly to the creditor at the provided address. If full payment is not feasible, communication with the creditor to arrange a payment plan is essential. It is important to inform the creditor of any immediate financial constraints affecting the ability to pay and to propose a reasonable timeline for payment. Negotiation may be necessary to reach a mutually acceptable payment plan. Documenting all payments made is also critical.

​

If a debtor finds themselves unable to continue with agreed payment arrangements, it is imperative to notify the creditor to discuss alternative arrangements.

​

Options for Debtors Disagreeing with the Judgment

​

If the judgment was obtained by default, debtors should consult the section "Replying to a claim" for guidance on how to request the court to set aside the default judgment. If the judgment followed a trial, the "Getting ready for court" section offers relevant information on possible next steps.

​

Enforcing Orders from Boards, Tribunals, Agencies, or Other Courts in Small Claims Court

​

Orders from various boards, tribunals, and agencies, as well as judgments from other levels of court within Ontario, can be filed for enforcement in Small Claims Court. Examples include orders under the Residential Tenancies Act, Employment Standards Act, and the Provincial Offences Act. These orders are treated as if they are orders of the court for enforcement purposes once they are filed. For more information, see section 19 of the Statutory Powers Procedure Act. Orders can be filed online through the Small Claims Submissions Online portal.

​

When an order filed for enforcement involves a foreign currency, the conversion to Canadian dollars occurs at the time of enforcement and execution of the order. For additional details, refer to section 121 of the Courts of Justice Act.

​

The Criminal Code of Canada stipulates that either a judge of the Ontario Court of Justice or Superior Court of Justice can order an offender to pay money to a person under:

​

• A restitution order under sections 738 or 739

• A condition of probation under section 732.1

• A condition of a conditional sentence under section 742.3
   

Should an offender fail to comply with the payment order, the entitled person may file the order at Small Claims Court, provided the ordered amount does not exceed $35,000. For enforcement purposes, once filed, the order is regarded as a judgment of the court against the offender. No fees are charged for filing the Criminal Code order or for issuing and filing any enforcement processes related to it. However, mileage and disbursement expenses incurred by the enforcement office will be charged.

​

Once an order is filed with Small Claims Court, it cannot thereafter be enforced in the office of the criminal court where it was originally made.

​

Enforcing an Order from Another Canadian Province or Territory

​

An order originating from another Canadian province or territory (excluding Quebec) can be filed for enforcement under the Reciprocal Enforcement of Judgments Act, R.S.O. 1990, c. R.5. Permission from Small Claims Court is required before the order can be filed in Ontario. This permission can be sought by filing a Notice of Motion and Supporting Affidavit [Form 15A] along with a certified copy of the order at the Small Claims Court office where the order is to be filed.

​

In the supporting affidavit, the applicant should provide details regarding the progression of the matter through the court in the other province or territory, including how and when the debtor was served with any documents and whether they defended themselves in the original matter. Attendance at the motion is not mandatory but is permitted if desired. The court will notify the applicant if permission to file the order in a Small Claims Court in Ontario is granted. There is a fee associated with filing these orders.

​

Once filed, the order is treated as a judgment of the court against the debtor for enforcement purposes.

​

Collecting from a Debtor

​

As a creditor, enforcing the judgment may become necessary. For effective collection, the debtor must have one or more of the following:

• Money

• Assets that can be seized and sold

• A debt owed to the debtor by a third party (e.g., bank account, employment income) that can be garnished
   

If the debtor is not immediately able to pay, the creditor may opt to wait. For instance, the debtor might secure employment in the forthcoming months. The judgment remains valid, and the creditor can attempt to collect it later through a notice of garnishment (refer to Part Two of this guide).

​

Should the creditor choose to enforce an order through the processes outlined below, it is their responsibility to inform the court and the enforcement office(s) when the debt has been fully paid. This action will halt any unnecessary enforcement steps by the court or enforcement office.

​

Entering a Private Dwelling to Enforce a Judgment

​

Enforcement staff can only use force to enter a private dwelling if the order for the writ specifically authorizes the use of reasonable force. Full details are available under section 20(2) of the Execution Act.

​

Interest on Money Claimed

​

For information on claiming and calculating pre-judgment interest (interest before judgment), see the section titled "Making a claim."

​

After judgment, the interest is referred to as post-judgment interest. If your claim is successful, post-judgment interest automatically accrues on the amount owed to you under the judgment.

​

What the Parties Should Do if the Judgment Has Been Paid in Full

​

As previously mentioned, if you are the creditor and you have opted to enforce an order through one of the processes outlined in this guide, it is your responsibility to inform the court and the enforcement office(s) that the debt has been fully paid and to halt or withdraw any enforcement steps. If the debt is fully satisfied under a notice of garnishment, you must immediately serve a Notice of Termination of Garnishment [Form 20R] on the garnishee and the clerk.

​

If you are the debtor, once you have settled your entire debt to the creditor under the judgment, you can complete a Request for Clerk’s Order on Consent [Form 11.2A]. On this form, check the box indicating that you are requesting a clerk’s order noting “payment has been made in full satisfaction of an order or terms of settlement.” Each party must sign the form in the presence of his or her witness. This form must be filed with the court. Refer to “Motions and clerk’s order” for more information.

​

If the creditor is unavailable or unwilling to complete the notice of termination of garnishment form or sign the Request for Clerk’s Order on Consent [Form 11.2A], you can file a motion to the court for an order stating that payment has been made in full satisfaction of the debt. There is a fee for this process.

Examination Hearing

​

Preparing for an Examination Hearing

​

A creditor can request an examination hearing if there is a default under an order for the payment or recovery of money.

​

An examination of the debtor provides both the court and the creditor with information about the debtor's financial situation. It may be that the creditor wants to enforce an order through garnishment and needs to know where the debtor works or banks. The examination may provide the creditor with the necessary information to request a garnishment. The creditor can also examine a person other than the debtor to obtain information about the debtor’s assets.

​

At the hearing, the debtor or other person should be prepared to answer questions about the debtor’s employment, any property the debtor owns such as motor vehicles or land, and about all bank branches where the debtor has an account, including accounts that may be held jointly with another person. It may later prove helpful if both the creditor and the person being examined take notes during the examination.

A judge may also make orders at an examination, for example, an order as to payment.

​

Attendees of an Examination

​

The creditor and the person to be examined (usually the debtor) must attend the examination. Representatives may also attend. The examination will be conducted under oath. The public will not be allowed to attend unless the court orders otherwise.

​

How the Creditor Begins the Examination Process

​

The procedure is:

​

1. You fill out a Notice of Examination [Form 20H] indicating the person to be examined (usually the debtor). If the debtor is a company, name the person who has the information you need. For example, you could name an officer or director of the corporation, a partner in the partnership or the sole proprietor.
    

You fill out an Affidavit for Enforcement Request [Form 20P] in support of a request for a notice of examination.
 

1. This form generally describes:

• the details of the court order you are enforcing

• payments that have been made to date

• the amount still owing
   

1. You file the notice of examination and affidavit with the court in person, by mail or online using the Small Claims Court Submissions Online portal at www.ontario.ca/page/file-small-claims-online, along with a Certificate of Judgment if necessary (see “When does the creditor need to file a Certificate of Judgment?” above). There is a fee for filing the notice of examination. The court clerk signs the notice, sets the date and returns your copy. Make sure you print or pick up from the court office enough affidavit(s) of service to allow you to fill out an affidavit to prove service on each debtor or person to be examined.
    

2. You serve the notice of examination on the debtor or other person to be examined at least 30 days before the hearing. If the debtor to be examined is an individual, you will also need to serve a blank Financial Information Form [Form 20I]. If the debtor is a business, no financial information form is required.
    

3. If you cannot serve the debtor at least 30 days before the scheduled date of the hearing, call the court office for more information.
    

You fill out an Affidavit of Service [Form 8A] with the court proving service on the debtor or person to be examined and file it at the court at least 3 days prior to the date set for the examination. The notice of examination must be served by personal service or an alternative to personal service. See “Serving documents ” for more information.
 

If you filed your claim online you may also need to file in hardcopy all e-filed and e-issued documents in your case together with the notice of examination.
 

You attend the examination hearing on the date set by the court. The debtor (or other person) can be examined in relation to:

• the reason for non-payment

• the debtor’s income and property

• the debts owed to and by the debtor

• the disposal the debtor has made of any property either before or after the order was made

• the debtor’s present, past and future means to satisfy the order

• whether the debtor intends to obey the order or has any reason for not doing so

        any other matter pertinent to the enforcement of the order

• See “Tips on completing forms in Small Claims Court ” for more information on completing forms. Refer to “Small claims court fees” for information on fees.
   

What the Debtor (or Other Person) Needs to Do Before the Examination Hearing

​

The debtor or any other person to be examined should be prepared to answer questions and provide documents in relation to the examination.

​

A debtor who is an individual (i.e., not a corporation) must fill out the Financial Information Form [Form 20I] and serve it on the creditor before the hearing. The debtor must also bring a copy of the completed form to the hearing and give it to the judge. A financial information form provides a snapshot of the debtor’s income, expenses, debts, and assets.

​

The form is not filed with the court. The debtor must also bring to the hearing documents that support the information given in the form.

What Happens to the Financial Information Form (Form 20I) Given to the Judge After the Examination Hearing

​

The judge at the examination hearing may consider the information you provide in the Financial Information Form and any supporting documents when making a decision at the examination hearing.

​

You should ask the courtroom clerk to return these documents to you after the hearing has finished because they may not be available for you to pick up after the hearing. The Financial Information Form and supporting documents do not belong in the court file. Court files are available for public viewing unless an order of the court provides otherwise.

​

Taking Other Steps to Enforce a Judgment if a Payment Schedule Is Ordered at the Examination Hearing

​

If, at the examination, the court orders a periodic payment schedule, the debtor must make the payments in the amounts and on the dates ordered in the schedule. As long as those periodic payments are made, the creditor cannot do anything else to enforce the judgment, other than issue a writ of seizure and sale of land.

​

What Creditor Can Do if the Debtor Fails to Make a Payment Under a Periodic Payment Order or Makes a Partial Payment

​

If the debtor fails to make a payment or makes only a partial payment, you can serve on the debtor and file with the court a Notice of Default of Payment [Form 20L] and an Affidavit of Default of Payment [Form 20M]. An order for periodic payment terminates 15 days after you serve the debtor with the notice of default of payment, unless a Consent [Form 13B] in which you waive the default, is filed with the court within the 15-day period. You are then free to proceed with another method of enforcement.

​

What Happens if the Debtor (or Other Person) Attends an Examination Hearing but Refuses to Produce Documents or Answer Questions

​

If the debtor or other person attends the examination but refuses to produce documents or answer questions, the judge may order the person to attend a contempt hearing to determine whether the person is in contempt of court.

​

The Small Claims Court will schedule a time, date, and place for the contempt hearing. The clerk will provide the creditor with the notice of contempt hearing. The creditor must serve the notice on the debtor or other person who has been ordered to attend the contempt hearing by means of personal service. Once service is made, an Affidavit of Service [Form 8A] must be filled out, sworn (or affirmed), and filed with the Small Claims Court at least 7 days in advance of the hearing date. Refer to “Serving documents ” for more information.

The creditor and the debtor (or other person) must attend the contempt hearing.

​

Asking the Court to Cancel a Contempt Hearing Ordered for Failure to Produce Documents or Answer Questions

If you are ordered to attend a contempt hearing for failing to produce documents or answer questions, you must attend the contempt hearing. If you have changed your mind and are now willing to produce documents or answer questions, tell the judge at the hearing. Bring the documents with you to the contempt hearing.

​

What Happens if the Debtor (or Other Person) Does Not Attend the Examination Hearing

​

If the debtor (or other person) does not attend the examination hearing, the judge may order the person to attend a contempt hearing to determine whether the person is in contempt of court.

​

The Small Claims Court will schedule a time, date, and place for the contempt hearing. The clerk will provide the creditor with the notice of contempt hearing. The creditor must serve the notice on the debtor or other person who has been ordered to attend the contempt hearing by means of personal service. Once service is made, an Affidavit of Service [Form 8A] must be filled out, sworn (or affirmed), and filed with the Small Claims Court at least 7 days in advance of the hearing date. Refer to “Serving documents ” for more information.

The creditor and debtor (or other person) must attend the contempt hearing.

​

Asking the Court to Cancel a Contempt Hearing Ordered for Failure to Attend the Examination Hearing

​

If you want to ask the court to cancel the contempt hearing that was ordered because you failed to attend the examination hearing, you may file a Notice of Motion and Supporting Affidavit [Form 15A] before the date of the contempt hearing. In your affidavit and at the motion hearing, ask the judge to rescind (reverse) the order for a contempt hearing. Explain the reasons why you failed to attend the examination hearing and that you are willing to attend a rescheduled examination hearing.

​

If the motion cannot be heard before the date of the contempt hearing, or if the motions judge refuses to grant your request, you must attend the contempt hearing.

 

 

Paying the Whole Amount of My Debt to the Creditor

​

If you have been ordered to attend a contempt hearing and you did not get the order to attend the contempt hearing set aside on a motion, you must attend even if, in the meantime, you have paid your debt to the creditor. This is because you have been ordered to the contempt hearing for your behavior in court (e.g., refusing to answer questions or provide documents) or for your failure to attend the examination hearing, not for failing to pay the debt. Paying the debt does not expunge (remove) the contempt.

​

What Happens at a Contempt Hearing

​

A contempt hearing is a serious matter. At the contempt hearing, you will be given an opportunity to explain your actions and any reasons for them. The judge may order you to attend an examination hearing. The judge may also make an order that you are to be jailed up to five days for contempt of court. If you do not attend the contempt hearing, orders may also be made against you.

​

When the Judge Orders a Warrant of Committal for Contempt

​

If the judge orders the debtor or other person to be jailed for contempt of court, the clerk will issue a Warrant of Committal [Form 20J] directed to the police. The warrant authorizes the police to take the individual named in the warrant to the nearest correctional institution and hold him or her there for the time specified in the warrant.

If you are found in contempt of court at the contempt hearing and a warrant of committal is issued, you or your representative may ask the court to set aside the warrant and the finding of contempt by filing a Notice of Motion and Supporting Affidavit [Form 15A] at the Small Claims Court. In your supporting affidavit and at the motion hearing, explain to the judge the reasons why the contempt order should be set aside.

​

Getting Legal Advice Before a Contempt Hearing

​

Haider Khan Legal will advise you about your legal rights and responsibilities. Contact us for a free initial consultation of up to 30 minutes to help determine your rights and options.

​

Notice of Garnishment

​

If a court has ruled in your favor and you have not received payment, you can claim/demand money owed to the debtor by someone else. This is called garnishment. Most often, people garnish wages or bank accounts.

​

The rules for garnishment are contained in the Rules of the Small Claims Court. The rules on garnishment are strict and have to be followed carefully.

​

Section 7 of the Wages Act restricts the amount of wages that can be garnished. In addition, there are some exemptions from garnishment. For example, employment insurance, social assistance, and pension payments cannot be garnished, even if the funds have been deposited into an account at a financial institution.

​

There are also specific time limits and extra steps to garnish the wages of an employee of the federal government, a military member of the Canadian Armed Forces, or an employee of the provincial government.

​

For information about the process of garnishing the wages of a federal government employee, you can use the Checklist for Applicants – Garnishment, Attachment, and Pension Diversion Act to help guide you through the garnishment process under Part I of the federal Garnishment, Attachment, and Pension Diversion Act.

​

For more information about garnishing the wages of a member of the Canadian Armed Forces, you can refer to Chapter 207 of the Queen’s Regulations and Orders.

​

For information about the process of garnishing the wages of a provincial government employee, you can refer to the O. Reg. 210/19: "Garnishment" under the Crown Liability and Proceedings Act, 2019.

​

Information Needed to Proceed

​

If you are garnishing wages, you must know the correct legal name and address of the employer. If the name of the employer is not correct, the employer may have a case for ignoring the order. For information on how to search a corporation or registered business name, you can visit the ServiceOntario website or contact the Companies Helpline, Ministry of Government and Consumer Services at 416-314-8880 or toll free in Ontario at 1-800-361-3223.

​

There is a fee payable to that Ministry for the search and the search will not be conducted over the phone.

If you are garnishing a bank account, you must know the name and address of the branch where the debtor banks.

​

How a Creditor Begins the Garnishment Process

​

The procedure is:

1. You must have the notice of garnishment issued by the clerk within 6 years after the court made the order you are trying to enforce or make a motion to have it issued later.

2. You fill out an Affidavit for Enforcement Request [Form 20P] in support of a notice of garnishment.
    

This form describes:

• the details of the court order you are enforcing

• the amount still owing

• that someone else (the garnishee) does or will owe money to the debtor

• the address of the garnishee
   

1. You fill out a Notice of Garnishment [Form 20E]. If there is more than one garnishee, you must fill out a separate notice of garnishment and affidavit for enforcement request for each garnishee.
    

2. You file the affidavit and notice of garnishment with the court or file each document online using the Small Claims Court Submissions Online portal at www.ontario.ca/page/file-small-claims-online. There is a fee for filing the notice of garnishment. The court clerk signs (“issues”) the notice of garnishment and returns your copy. You can serve the documents on the garnishee and the debtor personally, by courier, or by mail. One affidavit of service must be completed for each person served.
    

3. You serve the notice of garnishment and a blank Garnishee’s Statement [Form 20F] on the garnishee (that is, the bank, the employer, or whoever you have named in the notice). The usual practice is to serve the garnishee first and then serve the debtor.
    

4. You serve the notice of garnishment and a copy of the affidavit for enforcement request on the debtor. You must do so within 5 days of serving the garnishee.
    

5. You then fill out and file two Affidavits of Service [Form 8A] with the court: one proving service on the garnishee and the other proving service on the debtor.
    

6. The garnishee pays the money to the court (if there is any money).
    

7. See the “Tips ” sheet at the end of this guide for more information on completing forms. Refer to “Small claims court fees” for information on fees.
    

Co-owner of the Debt

​

A co-owner of debt is a person who is also entitled to a portion of the debt payable to the debtor (e.g., in the case of a joint bank account). Where there is a co-owner, up to 50% of the indebtedness, subject to an order of the court, may be garnished.

​

The garnishee (the person who owes the debt to the debtor) is required to identify any co-owners of debt in the Garnishee’s Statement [Form 20F]. The creditor is then required to serve the co-owner or co-owners of debt with a Notice to Co-owner of Debt [Form 20G] and the garnishee’s statement.

​

When the Garnishee Pays the Money into Court

​

Any money paid into court will be deposited in the court’s account in trust for the creditor. In order to pay the money out, the clerk needs proof that the creditor served the notice of garnishment on the debtor.

​

These are a few of the things that the creditor should keep in mind:

• Make sure you file your affidavits of service (of the notice of garnishment) with the court.

• The clerk will hold the first payment for 30 days. After that, unless one of the situations set out below occurs, the clerk will send a cheque to the creditor or creditors.

• The money will be divided equally between all Small Claims Court creditors in that location who have garnishments filed against the same debtor and have not been paid in full.

• All subsequent payments received from the garnishee will be paid to the eligible creditor(s) as they are received.

• The payout of money may be affected by certain circumstances, such as the following:

  • a garnishment hearing has been requested

  • a notice of motion has been filed, for example, a motion to set aside default judgment or a motion for a new trial

  • a “Sheriff’s Demand” for the funds has been received, in accordance with the Creditors’ Relief Act (Note: The demand only attaches to funds that are in the court at the time the demand is filed with the clerk and will result in the clerk providing the sheriff with the funds that were subject to the demand)

  • a court order delaying payment is made

  • a written notice of a stay of proceeding under the Bankruptcy and Insolvency Act has been filed

in some circumstances where the judgment for which the garnishment was issued has been appealed

• Renewing a Garnishment When a Debt Is Not Paid in Time

You can renew your notice of garnishment before it expires. A notice of garnishment remains in force for 6 years from the date it was issued by the court and for a further 6 years from each renewal. You must file a Notice of Renewal of Garnishment [Form 20E.1] with the court together with a completed affidavit of enforcement request.

​

When the Debt Has Been Paid in Full but the Notice of Garnishment Hasn’t Expired

​

Once the amount owed by the debtor has been paid to the creditor, the creditor must immediately serve a Notice of Termination of Garnishment [Form 20R] on the garnishee and on the clerk of the court.

If the creditor fails to file the notice of termination of garnishment form, the debtor can fill out a Request for Clerk’s Order on Consent [Form 11.2A]. On this form, check the box that indicates that you are requesting a clerk’s order noting “payment has been made in full satisfaction of an order or terms of settlement.” Each party must sign the form in the presence of his or her witness. This form must be filed with the court. Refer to “Motions and clerk’s order ” for more information.

​

If the creditor is unavailable or unwilling to complete the notice of termination of garnishment form or sign the request for clerk’s order on consent form, you can make a motion to the court for an order stating that payment has been made in full satisfaction of the debt. There is a fee for this process.

​

Garnishment Hearing

​

A garnishment hearing is a hearing before a judge about issues arising from the garnishment. A garnishment hearing can be requested by a debtor, creditor, co-owner of debt, or garnishee, or any other interested person.

​

What the Debtor Can Do if Money Is Being Garnished

​

If you are the debtor and you do not agree with a notice of garnishment that has been served on you, you can request a garnishment hearing.

You can also request a garnishment hearing if the garnishment means a real financial hardship for you. At the hearing you can ask a judge for an order to increase the amount of wages that is exempt from garnishment under the Wages Act. For example, if the percentage of your wages that is exempt from garnishment is increased, less money will be deducted from your wages.

​

What the Co-owner of Debt Can Do if Funds Are Being Garnished

​

A co-owner of debt can request that the clerk schedule a garnishment hearing before a judge. A co-owner of debt must request the garnishment hearing within 30 days after the notice to co-owner of debt is sent in order to be able to dispute the garnishment.

​

Requesting a Garnishment Hearing as a Creditor

​

Any interested person, including the debtor or garnishee, may request that the clerk schedule a garnishment hearing before a judge. For example, you may receive a garnishee’s statement that you disagree with, or you may believe that monies are not being fully and properly remitted by the garnishee. The garnishee has 10 days to pay the court clerk after being served with the notice of garnishment, or 10 days after the debt of the garnishee to the debtor becomes payable, whichever is later. After the 10 days have passed, you can request a garnishment hearing. However, where the notice of garnishment is served on the Crown in Right of Ontario, the notice is deemed to have been served 30 days after the actual date of service (O. Reg. 210/19: “Garnishment” under the Crown Liability and Proceedings Act, 2019). In this situation, you would have to wait 40 days to request a garnishment hearing.

​

Scheduling a Garnishment Hearing

​

The person requesting the hearing must fill out and file a Notice of Garnishment Hearing [Form 20Q]. These are the steps to follow:

1. Call the court office to get a hearing date to put on the form.

2. Complete the form and serve a copy of it on the creditor, debtor, garnishee (e.g., the bank or employer), co-owner of debt, if any (e.g., person who has a joint bank account with the debtor), and any other interested person that you know of (e.g., any other person affected by the garnishment order). Please refer to “Serving documents ” for more information.

3. File the original notice of garnishment hearing with the court or file the notice of garnishment online using the Small Claims Court Submissions Online portal at www.ontario.ca/page/file-small-claims-online before the hearing date. There is no fee to file this notice.
    

If you filed your claim online, you may also need to file in hardcopy all e-filed and e-issued documents in your case together with the notice of garnishment hearing.

 

Writ of Seizure and Sale of Personal Property

​

If the debtor has been ordered by the court to pay the creditor money but he or she has not paid, the creditor can ask the enforcement office to take specific personal possessions belonging to the debtor and sell them at public auction so that the money can be used to pay the judgment debt.

​

The costs of this procedure can be relatively high. The creditor risks paying these costs with no chance of recovery if the debtor does not have any goods worth seizing and selling, and other enforcement remedies fail. It is a good idea to confirm beforehand whether this procedure will be worthwhile.

​

Debtor’s Goods Exempt from Seizure by the Creditor

​

Under the Execution Act, a debtor is entitled to certain exemptions from seizure of personal property such as:

• clothing (up to a certain amount)

• household furniture, utensils, equipment, food and fuel (up to a certain amount)

• tools and instruments used in the debtor’s business (other than tillage of the soil or farming) (up to a certain amount)

• tools, books and instruments used for the tillage of the soil or farming and livestock, fowl, bees and seed (up to a certain amount)

one motor vehicle worth less than the specified amount

• The debtor has a right to choose the goods that make up the exemptions.
   

How a Creditor Begins the Writ of Seizure and Sale of Personal Property Process

​

The procedure is:

1. You fill out an Affidavit for Enforcement Request [Form 20P] in support of a writ of seizure and sale of personal property.

This form describes:

• the details of the court order you are enforcing; and

• the amount still owing.
   

1. You fill out a Writ of Seizure and Sale of Personal Property [Form 20C].

2. You file the affidavit and writ of seizure and sale of personal property with the court where you obtained your judgment or file each document online using the Small Claims Court Submissions Online portal at www.ontario.ca/page/file-small-claims-online. Court staff will issue the writ and return the issued writ to you to file in the enforcement office. There is a fee for issuing the writ in the Small Claims Court.

3. You must have the writ issued within 6 years after the court made the order you are trying to enforce or make a motion to have it issued later.

 

You file the issued writ at the enforcement office. You must advise the enforcement office in writing what property you want seized and give detailed information that will allow enforcement staff to locate and seize the specific property. You can set this information out in a Direction to Enforce Writ of Seizure and Sale of Personal Property [Form 20] and file it at the enforcement office.

 

You pay an enforcement fee and a deposit to the enforcement office to cover the anticipated disbursements (expenses) to enforce the writ. Disbursements are costs of enforcement likely to be incurred and may include such things as freight, insurance, locksmith, storage, mileage, and advertising of the sale of the goods seized. If the amount of the deposit you pay is used up prior to the disposition of the goods, you will be asked to replenish the deposit.

​

The enforcement office has a general duty to act reasonably and in good faith towards all parties, including both the debtor and the creditor. The enforcement office can refuse to act if the estimated costs of executing the writ of seizure and sale are greater than the debtor’s equity in the property to be seized. The purpose of seizure is to sell property to satisfy the judgment debt, not to punish the debtor.

​

Enforcement staff will seize and store the items until a public auction is held. The goods will be sold at the public auction.

Proceeds from the public auction will be paid into court and paid out to creditor(s) who initiated the enforcement process once the enforcement office has calculated the net amount of proceeds.

​

See the “Tips ” sheet at the end of this guide for more information on completing forms. Refer to “Small claims court fees” for information on fees.

​

Having a Motor Vehicle, Snowmobile, or Boat Seized

​

If the creditor is requesting that a motor vehicle, snowmobile, or boat be seized, he or she must also provide the court with proof that the following searches have been made:

​

Personal Property Security Act search and Repair and Storage Liens Act search to show whether there are any liens or other securities registered against the vehicle, the amounts of the liens or securities, and whether there is enough equity in the vehicle for it to be seized and sold;

​

• For information about how to conduct these searches, visit the ServiceOntario website or contact the Companies Helpline, Ministry of Government and Consumer Services at <onesite-phone>(416) 314-8880</onesite-phone> or toll free in Ontario at <onesite-phone>1-800-361-3223</onesite-phone>. Please note that there is a fee payable to that ministry for the search and the search will not be conducted over the phone.
   

Vehicle abstract to prove that the vehicle is owned by the debtor;

For a motor vehicle only: An up-to-date copy of a used vehicle information package, which can be obtained from the Ministry of Transportation. (This should not be more than one week old.)

​

(Information about where vehicle abstract searches or used vehicle information packages may be obtained is available on the ServiceOntario website.)

​

How Long a Writ Lasts

​

The writ will expire six years from the date it is issued, unless you renew it for an additional six-year period. A writ may be renewed before it expires by filing a Request to Renew a Writ of Seizure and Sale [Form 20N] with the enforcement office. Each renewal is valid for six years from the previous expiry date. There is a fee to file a writ. Refer to “Small claims court fees” or the enforcement office for more information.

​

Writ of Seizure and Sale of Land

​

A creditor can file a writ of seizure and sale of land against a debtor in any county or district where the debtor may own land (including a house). The writ would encumber any land presently owned or land which may be purchased in the future by the debtor in the county(ies) or district(s) where the writ is filed. If you wish to enforce the writ in more than one location, you must issue a separate writ for each location and file it there.

​

The writ of seizure and sale of land can be very effective in the long run since it will be difficult for the debtor to sell or mortgage the land until the debt is paid.

​

In addition, if another creditor has a writ filed in the same enforcement office against the same debtor and is actively enforcing it, you will share, on a pro-rata basis (divided on a proportionate basis depending on the amount of each debt), in any money paid into the enforcement office (sheriff) from any enforcement activity taken against the debtor.

​

Note, however, that the enforcement office has a general duty to act reasonably and in good faith towards all parties. The enforcement office can refuse to act if the estimated costs of executing the writ of seizure and sale are greater than the debtor’s equity in the property to be seized.

​

The writ can be filed whether or not the debtor owns land at the time of filing. However, if you prefer not to file until you are certain the debtor owns land, for a fee you can do a name search at the land registry or land titles office (visit the ServiceOntario website for a list of land registry/titles offices) located in the area where you think the debtor may own property.

​

When the Land Can Be Sold

​

Four months after filing the writ with the enforcement office you can direct the enforcement office (sheriff) to seize and sell the land, but the actual sale cannot proceed until the writ has been on file for six months. Contact the enforcement office to determine what will be required to commence with the seizure and sale of land.

​

The enforcement office can only sell the portion of the land that the debtor actually owns. Mortgages, liens, and encumbrances may reduce the value of the property that is available to be seized and sold by the enforcement office. Creditors should determine, before proceeding with this process that the debtor actually has equity (difference between what a property is worth and what the owner owes against that property) available to be sold.

​

The sale of land is a complicated and costly process, and commencing this process requires a large initial deposit for expenses associated with the sale.

Creditors should consider other less costly enforcement options before directing the enforcement office to proceed with seizing and selling the debtor’s equity in the land.

​

How Long the Writ Lasts

​

The writ will expire six years from the date it is issued, unless you renew it for an additional six-year period. A writ may be renewed before it expires by filing a Request to Renew a Writ of Seizure and Sale [Form 20N] with the enforcement office. Each renewal is valid for six years from the previous expiry date. There is a fee to file and renew a writ.

​

Beginning the Writ of Seizure and Sale of Land Process

​

The procedure is:

1. You fill out an Affidavit for Enforcement Request [Form 20P].

This form describes:

• the details of the court order you are enforcing;

• the amount still owing; and

• the county or district where the debtor owns land.

 

1. You fill out a Writ of Seizure and Sale of Land [Form 20D].
    

You file the affidavit and writ in the court where you obtained judgment. Court staff will issue the writ and return the original to you to file in the enforcement office. You must have the writ issued within six years after the court made the order you are trying to enforce or make a motion to have it issued later. If you wish to file a writ in more than one county or district, you will require an additional affidavit and writ for each location. There is a fee for issuing the writ in the Small Claims Court and a fee for filing it in the enforcement office.

​

Writ of Delivery Explained

​

What is a Writ of Delivery?

When an individual or a business possesses someone else's personal property without permission and refuses to return it, the rightful owner may seek a court-issued writ of delivery. This legal document empowers enforcement authorities to retrieve the specified items and return them to their rightful owner.

​

Initiating the Writ of Delivery Process

To commence the writ of delivery process, the property owner must provide a detailed description of the personal property to the court. This includes serial numbers, make, model, photographs (if available), the property's exact location, and proof of ownership where necessary.

​

Actions for Possessors upon Receiving a Writ of Delivery

If a person possessing the goods is served with a writ of delivery and disputes the claim, they can file a motion concerning the order. Detailed guidance can be found under “Motions and clerk’s orders”. It’s important to note that the goods may still be seized unless a court order to rescind the writ of delivery is obtained.

​

Procedure for Filing a Writ of Delivery

Upon obtaining a court order, the property owner should complete an Affidavit for Enforcement Request [Form 20P] and a Writ of Delivery [Form 20B]. These documents must detail the enforced court order, the specific personal property sought, and affirm that the property has not yet been returned. The court will then sign and return these documents for submission to the enforcement office along with the necessary fees, including mileage.

​

Logistics of Enforcement

The enforcement office will coordinate the execution date of the writ and inform the property owner of any necessary arrangements. Depending on the size and nature of the property, arrangements may include hiring movers, renting transportation, or even employing a locksmith.

​

What If the Property Cannot Be Found?

If the property cannot be located, the owner can file a motion to direct enforcement officers to seize alternative personal property belonging to the debtor. This could lead to a judge ordering the sale of the seized property, with any additional execution or storage costs being the responsibility of the property owner.

​

Consolidation Order for Debtors

Debtors with multiple small claims judgments against them may apply for a consolidation order, which combines all debts into a single repayment schedule. This order is protective as long as the debtor adheres to the repayment terms. However, it can be terminated under specific conditions, such as acquiring new debt post-consolidation or defaulting on the repayment schedule for more than 21 days.

​

Applying for a Consolidation Order

To apply, a debtor must file a Notice of Motion and Supporting Affidavit [Form 15A], detailing all judgments, debts, income, and family support obligations. This documentation must be served to each creditor at least seven days before the motion date. During the hearing, a judge will review the debtor’s financial circumstances and potentially issue an order for installment payments.

​