Enforcement file review
Enforcement file review. Judgment enforcement through garnishment, writs, and debtor examinations.
What is included
- Reviewing the judgment or order and what is still owed
- Searching for the debtor's assets, such as land, vehicles, bank accounts and income
- Preparing the enforcement forms and filing them with the court office or sheriff
- Serving documents and following up with the court office, sheriff or garnishee
- Representing you at an examination or enforcement hearing, where your service includes it
- Keeping track of payments and renewal dates
What is not included
- Court and sheriff fees, searches, service and other disbursements
- Collecting a debt that is not yet a judgment or order
- Enforcement in the Superior Court of Justice or outside Ontario, which is referred to a lawyer
- Bankruptcy or insolvency proceedings
Who this service is for
- Someone with a Small Claims judgment that has not been paid
- Landlords, employees and others holding an unpaid tribunal money order
- Businesses collecting on judgments against customers
- Debtors facing a garnishment, writ or examination
Information to have ready
- 1A copy of the judgment or order and the date it was made
- 2Any payments received since the judgment
- 3What you know about the debtor: address, employer, bank, vehicles or property
- 4Any earlier enforcement documents or letters from the sheriff
Frequently asked questions
How much does it cost?
The fee is $175 plus 13% HST ($197.75 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
Why doesn't the court collect the money for me?
A judgment says what is owed, but in Ontario the person owed usually has to take separate steps, such as garnishment or a writ, to collect it.
What is a garnishment?
A garnishment requires someone who owes money to the debtor, such as an employer or bank, to pay part of it into court instead. Wage garnishment is usually limited to a portion of the debtor's net wages.
What happens at a debtor examination?
The debtor must answer questions under oath about their income, assets and debts, and bring documents. If they do not attend after being properly served, the court may order a contempt hearing.
What if the debtor has nothing?
Enforcement only works if the debtor has income or assets that can be reached. Searches are usually done first to help decide which steps make sense.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; recovery depends on the debtor's income and assets
- Some income and property is exempt from seizure or garnishment by law
- You must report any payments you receive so the balance stays accurate
- Most of this work enforces Small Claims Court judgments and tribunal orders filed there; registering a judgment from outside Ontario in the Superior Court of Justice, or any other step that must be taken in that court, is outside a licensed paralegal's scope, so the firm does only the parts a licensed paralegal is permitted to do and refers the rest to a lawyer.
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