Enforcing a Small Claims Court Judgment in Ontario
Winning a judgment is only half the battle. If the debtor won't pay voluntarily, you must take active steps to enforce your judgment. Ontario law gives creditors powerful tools — but you have to use them correctly.
Why Judgments Aren't Automatically Paid
The court does not collect money on your behalf. A judgment is a legal declaration that the debtor owes you money — enforcement is your responsibility. Many debtors simply refuse to pay, hoping creditors won't follow through. Don't let that happen.
Ontario judgments are valid for 6 years from the date of judgment, and can be renewed once for another 6 years. Interest accrues at the postjudgment rate set by the court (currently 3% for general creditors).
Step 1 — Locate the Debtor's Assets
Before you can enforce, you need to know what the debtor owns and where it is. Options include:
- Examination Hearing (Form 20H): You can summon the debtor to court to answer questions under oath about their income, bank accounts, employer, and assets. This is often the most powerful first step.
- Credit Bureau searches and corporate profile searches (if the debtor is a business) may reveal registered assets.
- Land Registry searches can show whether the debtor owns real property.
Step 2 — Garnishment of Wages or Bank Accounts
Garnishment lets you intercept money owed to the debtor by a third party — typically their employer or bank. You file a Notice of Garnishment (Form 20E) with the clerk and serve it on the garnishee (employer or bank).
| Garnishment Type | Key Limit |
|---|---|
| Wages (employment income) | Max 20% of net wages per pay period |
| Bank account | No percentage limit — full balance up to judgment amount |
| Government benefits (OW, ODSP, CPP) | Generally exempt from garnishment |
The garnishee must pay the court clerk, who then remits funds to you. A garnishment against a bank account is a one-time snapshot; a wage garnishment continues pay period to pay period until the debt is satisfied.
Step 3 — Writ of Seizure and Sale
A Writ of Seizure and Sale (Form 20D) filed at the sheriff's office allows the sheriff to seize and sell the debtor's personal property (vehicles, equipment, inventory) to satisfy the judgment. Filing the writ with the land registry office also creates a lien against the debtor's real property — they cannot sell or mortgage that property without first paying you.
Enforcement officers charge fees for seizure and sale. These costs are typically added to the amount owed by the debtor.
Step 4 — Debtor Examination Hearing
If the debtor fails to pay and you need more information, request an examination hearing. The debtor is required to attend and answer questions about:
- Employer name and address
- Bank accounts (institution and account numbers)
- Real property and vehicles owned
- Monthly income and expenses
- Any recent transfers of property
A debtor who refuses to attend or answer questions can be held in contempt of court — this is a serious consequence that often motivates payment.
What If the Debtor Has No Assets?
If the debtor is genuinely insolvent, enforcement may not be practical right now. However:
- Keep the judgment active — financial situations change.
- Monitor Land Registry — if they purchase property, your writ attaches automatically.
- If the debtor files for bankruptcy, you may be entitled to a dividend as an unsecured creditor.
Costs of Enforcement
Court filing fees, sheriff's fees, and process server costs can generally be added to the judgment amount and collected from the debtor. Keep all receipts and track enforcement costs carefully.
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