EnforcementFixed feeWrits and sheriff enforcement

Writ of seizure and sale — vehicle

Enforcing against a debtor's vehicle through the sheriff.

A writ of seizure and sale usually stays in force for six years and can be renewed; sheriff steps follow the sheriff's own schedule. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Preparing the writ and filing it with the court office
  • Filing the writ with the sheriff where the debtor has land or property
  • Giving the sheriff instructions and following up on a seizure or sale
  • Renewing the writ before it expires

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

  1. 1The judgment and the current balance
  2. 2Addresses of land, vehicles or other property the debtor owns
  3. 3Any search results showing liens or mortgages

Frequently asked questions

How much does it cost?

The fee is $300 plus 13% HST ($339.00 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.

What does a writ against land do?

Once filed with the sheriff, the writ usually comes up when the debtor tries to sell or refinance the property, which often leads to payment. A forced sale is possible but is a bigger step with more expense.

Can the sheriff seize anything the debtor owns?

No. Ontario law exempts some property from seizure, such as certain household items and tools of a trade up to set limits.

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.
Law Society of Ontario — Barreau de l'Ontario
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