Enforcing a Judgment in Ontario | Writs & Garnishments
AFTER THE JUDGMENT
Legal Methods for Enforcing a Small Claims Judgment in Ontario
Why Judgment Enforcement Is Often Necessary
Securing a judgment order from the Small Claims Court is only the first step toward getting paid. Many judgment creditors assume the court automatically collects the funds on their behalf. However, Ontario courts do not collect money for you. Enforcing a judgment in Ontario requires taking formal post-judgment steps to compel payment from evasive debtors.
Debtors frequently ignore court orders, transfer funds, or delay payments hoping creditors will give up. Fortunately, the Courts of Justice Act provides creditors with powerful legal remedies to recover owed funds. Furthermore, a Small Claims Court judgment remains enforceable for 15 years from the date of issuance under the Rules of the Small Claims Court.
What We Need to Start Enforcement
Bring these to your consultation
A copy of the formal court judgment or tribunal order
The debtor’s full legal name and last known residential address
The debtor’s employer name and payroll address (if known)
The debtor’s financial institution and branch information
Real property or parcel identification numbers (PIN) in Ontario
Total unpaid balance, including accrued pre- and post-judgment interest
Details and dates of any prior enforcement attempts
Conducting an Examination Hearing to Locate Debtor Assets
If you do not know where the debtor works or holds bank accounts, an examination hearing compels full financial disclosure under oath:
1. File a Notice of Examination
We file a Form 20H Notice of Examination with the Ontario Small Claims Court. This notice orders the debtor to attend the courthouse with complete financial records.
2. Serve the Debtor
The debtor must receive personal service of the examination notice and financial questionnaire. If the debtor fails to attend, we request a contempt hearing leading to a warrant of committal.
3. Examine Under Oath
We question the debtor before a judge or court referee regarding employment income, bank accounts, vehicle ownership, and recent property transfers.
4. Court Can Order Payment
During the hearing, the judge can order a structured monthly payment schedule, providing immediate enforcement leverage.
Asset Seizure, Wage Garnishments & Property Writs
Filing a Notice of Garnishment (Wages, Bank Accounts, Accounts Receivable)
We implement persistent post-judgment strategies to recover what you are owed through the small claims court process:
Enforcement Strategy
We assess the debtor’s income streams and assets to select the most effective recovery tool, whether through garnishment, asset seizure, or property liens.
Filing Enforcement Documents
We prepare and file Notices of Garnishment and obtain a writ of seizure and sale ontario through the local Enforcement Office (Sheriff).
Examination of Debtor
Our licensed team conducts thorough financial questioning during debtor examinations to pinpoint hidden accounts and active accounts receivable.
Persistent Follow-Through
If a garnishment comes back empty, we issue new notices. Furthermore, we continuously monitor property liens to ensure you collect when real estate refinances or sells.
Interest & Cost Tracking
We calculate post-judgment interest and court filing disbursements throughout the process, ensuring the debtor pays all eligible legal recovery costs.
Instalment Negotiations
Where a debtor agrees to pay voluntarily, we draft legally binding consent orders through our document drafting services to secure scheduled payments.
Frequently Asked Questions
Writs of Seizure & Bank Garnishment FAQs
A judgment is valid and legally enforceable in Ontario for 15 years from the date of issue. In addition, post-judgment interest accrues continuously throughout this period under statutory court rates.
Many debtors claim insolvency to discourage collection attempts. By conducting an examination under oath, we uncover hidden revenue streams, active bank balances, and encumbered personal property.
Yes, we can serve a Notice of Garnishment directly on the debtor business’s financial institution, freezing available funds to satisfy your unpaid judgment.
Under Ontario’s Fraudulent Conveyances Act, transferring assets to a spouse or corporation to defeat creditors is illegal. We challenge these fraudulent transactions in court to reverse the transfer and recover funds.
Filing for bankruptcy stays most civil enforcement proceedings. However, debts arising from fraud, intentional misrepresentation, or false pretenses are non-dischargeable under the federal Bankruptcy and Insolvency Act.
Under the Wages Act, creditors can garnish up to 20% of a debtor’s net wages directly from their employer until the total debt and interest are satisfied.
