How to collect a Small Claims Court judgment in Ontario

Start with what you know

The court does not collect the money for you. If you know where the debtor works or banks, garnishment is usually the direct route. If you do not, an examination hearing lets you find out.

Examination hearing

With a Notice of Examination (Form 20H), the debtor can be questioned under oath about why they have not paid, their income and property, and the debts they owe or are owed. A judge may set a payment schedule. While those payments are being made, you generally cannot use other enforcement, apart from a writ against land.

Garnishing wages or a bank account

A Notice of Garnishment (Form 20E) is issued by the court clerk and served on the garnishee, such as an employer or bank, and then on the debtor within five days. The garnishee pays the court, generally within 10 days of being served or of the money becoming payable, whichever is later. The Wages Act protects part of a person’s wages, and a debtor can ask a judge to protect more.

Writ of seizure and sale

A writ against personal property (Form 20C) lets the court’s enforcement office seize and sell assets. A writ against land (Form 20D) is filed with the sheriff and can stop a sale or refinancing until you are paid.

Watch the time limits

A Notice of Garnishment must generally be issued within six years of the order you are enforcing, unless a judge allows it later. Enforcement also costs court fees, which can usually be added to what the debtor owes. Check the current fee schedule before you file.

Questions