Some of the most common and often used enforcement methods include judgement debtor examination, writs of seizure and sale of property, writs of seizure and sale of land, wage garnishment, and writ of sequestration.

Basic Enforcement Procedures

The basic enforcement procedures would include the following
  • Obtain a copy of the judgement (endorsement or written reasons for judgement in some cases).
  • Obtain enforcement instructions from client.
  • Obtain a Certificate of Judgement (Form 20A) if you are attempting to enforce a judgement made in a jurisdiction other than the one where judgement was made.
  • If using a Certificate of Judgement and/or issuing enforcement remedies, file an Affidavit for Enforcement Request (Form 20P).
  • If enforcing on a default of instalment payment, you must treat it as default on a proposal on defence and prepare a Notice of Default Payment (Form 20L), and an Affidavit of Default Payment (Form 20M) if there is no response to the previous form.
  • If return of property is ordered, file a writ of delivery .
  • Review file information on judgement debtor from notes and searches and obtain updated information from client, and consider updating some pages.
  • If you have information about employers or bank accounts, consider obtaining garnishments of wages and/or bank accounts.

As previously stated, all documents have to be filed with the court clerk,and garnishment procedures and administration of consolidation orders are also carried out by the court clerk.
However, the bailiff carries out the enforcement of writs and seizure and sale (for personal property) and delivery, and the sheriff carries out the enforcement of writs and seizure and sale (of land) pursuant to Rule 60 of the Rules of Civil Procedure.

All forms must be filed with the court clerk and applicable fees will have to be paid according to the Small Claims Court schedule of fees and allowances. Furthermore, bailiff fees must also be paid in order to send the bailiff out to seize something on a writ, on top of “reasonable expenses” in executing a writ. Enforcement costs can also be added to the judgement debt, but cannot have post-judgement debt interest calculated on them.

Enforcing Judgement for the Payment of Money

In order to enforce judgement for the payment of money own must
  • Determine the total amount owing on judgement.
  • Determine costs, including additional post-judgement costs (such as the execution of a writ as previously mentioned).
  • Determine the interest rate from when time interest runs.
  • Calculate judgement, post-judgement interest, and costs to date.
Winding-Up/Bankruptcy Proceedings
Methods of Enforcement
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