Many people assume that winning a court judgment means the money will automatically arrive. It doesn’t. Ontario courts do not collect money on your behalf — it is the judgment creditor’s responsibility to take enforcement steps to collect the debt.
Debtors often ignore judgments, move money between accounts, or delay payment hoping the creditor will give up. The good news is that Ontario law gives creditors a robust set of tools to compel payment — and a Small Claims Court judgment is valid and enforceable for 15 years from the date it was issued.
What We Need to Start Enforcement
Bring these to your consultation
A copy of the court judgment or order
The debtor’s full legal name and last known address
The debtor’s employer name and address (if known)
The debtor’s bank or financial institution (if known)
Any real property the debtor owns in Ontario
The total amount remaining unpaid, including interest
Any prior enforcement attempts made
Examination of the Debtor
If you don’t know what assets the debtor has or where their money is, an examination of the debtor is the critical first step — it compels them to disclose everything under oath.
1. File a Notice of Examination
We file a Notice of Examination with the Small Claims Court requiring the debtor to appear at the courthouse on a specified date to be examined about their financial situation.
2. Serve the Debtor
The Notice of Examination must be personally served on the debtor. We arrange proper service and confirm the debtor is required to attend — failure to appear can result in contempt proceedings.
3. Examine Under Oath
The debtor is examined before a judge or court officer about their income, assets, bank accounts, employer, property, and any transfers made since the judgment. We conduct the examination to extract the information needed to enforce effectively.
4. Court Can Order Payment
At the examination, the court can also order the debtor to pay by instalments, or make other orders directing payment — providing an additional lever alongside the information gathered for enforcement.
How We Help You Collect
Enforcement Strategy
We assess what is known about the debtor’s assets and income and recommend the most effective enforcement tool — or a combination — to maximize the likelihood of recovery.
Filing Enforcement Documents
We prepare and file all required enforcement documents with the court and the Sheriff’s Office — Notices of Garnishment, Writs of Seizure and Sale, and Notices of Examination — accurately and promptly.
Examination of Debtor
We file and serve the Notice of Examination, attend the examination, conduct the questioning of the debtor, and use the information obtained to immediately target the most recoverable assets.
Persistent Follow-Through
If one garnishment comes back empty, we file again. If a writ registered on property, we monitor it. We stay on the enforcement file until the judgment is fully satisfied — not just until the first attempt.
Interest & Cost Tracking
We track and calculate post-judgment interest and enforcement costs throughout the process — ensuring the full amount owed is reflected in every enforcement step and that you recover every dollar you’re entitled to.
Instalment Negotiations
Where a debtor genuinely cannot pay in full immediately, we negotiate structured instalment arrangements — backed by a formal court order — that guarantee steady payment while preserving your legal rights if they default.
Frequently Asked Questions
A Small Claims Court judgment is valid and enforceable in Ontario for 15 years from the date it was issued. After 15 years, the judgment expires — though it may be renewed in certain circumstances. Post-judgment interest accrues throughout this period. There is no need to rush enforcement in a panic, but acting sooner gives you a better chance of finding assets before they disappear.
Many debtors claim poverty to avoid paying — but an examination of the debtor held under oath, before a judge, is the most effective way to test that claim. Debtors must disclose all assets, income, and bank accounts under penalty of contempt. Even if a debtor is genuinely without means today, the judgment accrues interest and can be enforced as soon as their financial situation improves — the 15-year validity period gives you time.
Yes. A Notice of Garnishment can be issued against a business’s bank account in the same way as an individual’s. You will need to know which financial institution the business uses — this information can be obtained through an examination of the debtor (examination of the business’s representative) or through your own knowledge of the business’s banking. Corporate and personal accounts are separate, so garnishment targets the specific account type the judgment is against.
Fraudulent transfers of assets to avoid paying a judgment can be set aside under Ontario’s Fraudulent Conveyances Act and Assignments and Preferences Act. If a debtor has transferred property to a spouse, family member, or related party to keep it out of reach of creditors, the transfer may be challenged in court. We identify suspicious transfers during the examination of the debtor and advise on the appropriate legal steps to recover those assets.
If a debtor files for bankruptcy, an automatic stay of proceedings prevents creditors from continuing collection activities. Most unsecured debts — including Small Claims Court judgments — are dischargeable in bankruptcy, meaning they may be eliminated when the debtor is discharged. However, bankruptcy is not always the end of the road — debts arising from fraud, misrepresentation, or certain intentional wrongs may survive bankruptcy. We advise on your options if a debtor files for bankruptcy protection.
Yes. You can obtain a Notice of Garnishment served directly on the debtor’s employer. Under Ontario law, up to 20% of the debtor’s net wages can be automatically deducted each pay period and forwarded through the court to satisfy your outstanding judgment and legal enforcement costs.
