Enforce Judgments

After the Judgment

What to do when the debtor doesn’t pay voluntarily

You went through a long process and finally got a Judgment in favour of you. What happens now? Unfortunately, the court or a tribunal does not have the power to collect the money on behalf of you. In an ideal world, your debtor will respect the Judgment and pay you what they owe. However, that is not always the case on many occasions. You may have to go through extra steps to enforce the Judgment to get paid the ordered amounts.

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Customized Strategies for Debt Collection

Enforcing Judgments Effectively

There are a variety of ways to enforce the Judgment and collect what you are entitled to. Which method would work best for you depends on what you are seeking and the debtor’s situation. If you suspect that the debtor is acting fraudulently, consult with us. We can devise the best strategy based on your situation.

Examination Hearing

The purpose of requesting an examination hearing is to assess the debtor’s financial situation. Most importantly, it enables you to exercise your right as a creditor

Unlocking Debtor Insights
You will have access to information regarding the debtor's assets, sources of income, property, employment situation, the existence of other debtors, and more.
Strategic Insights
The hearing helps you identify the sources that you can enforce the Judgment against.
Asserting Authority
Initiating a hearing process sends a strong message to the debtor, especially when they intentionally avoid their duty to pay.
Strategic Financial Planning
You will be able to plan your financial situation accordingly based on the information you obtain at the hearing.
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What happens during the hearing

The debtor must attend the examination hearing and provide complete and honest information regarding their financial situation. If the debtor does not attend the hearing, they may face serious consequences. For example, the debtor can be found to be in contempt of court. The court can also issue a warrant to bring the debtor to the hearing.

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What happens during the hearing

How to request an examination hearing​

In order to request an examination hearing, you have to fill out a Notice of Examination form and file it with the court. An Affidavit for Enforcement Request should be filed with your Notice. Once you file necessary documents at the court, you have to serve the Notice to the debtor or the person you wish to examine. There are rules regarding the method of service, so make sure you comply with the rules.
How to request an examination hearing​
Garnishment

Garnishment

Even if the debtor does not have money to pay you, you can approach the people who owe money to the debtor. This process is called garnishment. To garnish the debtor’s wage or bank accounts, you have to know the correct legal name and addresses of the employer or the bank branch. You fill out the Notice of Garnishment (Form 20E) and file an Affidavit for Enforcement Request (Form 20P) with the Small Claims Court. The debtor’s employer or the bank becomes the “Garnishee.” The forms should be filed with the clerk of a court. Once the court clerk signs and dates the Notice (“issuing the notice”), you have to serve the Notice to garnishees with a Garnishee’s Statement (Form 20F).
Sources

That can be garnished

If you are struggling to enforce a court judgment, contact us today to schedule a consultation and learn how we can assist you in securing the money you deserve.

Wages, salary or fees paid to the debtor

Bank accounts or other bank funds owned by the debtor

Debts owed, or money accruing due under a contract to the debtor, such as rent or instalment payments

How payment is made

Once the Notice is served to the garnishee, the garnishee is responsible for paying the debt when it becomes payable. The payment will be made to the court (Minister of Finance), and the money will be divided equally to creditors if there is more than one creditor under the same debtor.

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Writ of Seizure and Sale

A bailiff can seize and sell real, personal, or intellectual property the debtor owns to pay the creditors. The seized property will be sold at a public auction, and the money from the sale will be paid to the creditors.

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Writ of Seizure and Sale of Land

You can proceed with the seizure on land anywhere in Ontario. Once the writ is registered, you can be paid when the debtor sells their real-estate property. In addition, having information on the debtor’s mortgage and land titles will help you identify what kind of interests the debtor has in the land.

Special remedies

Seeking Special Remedies: Court Permission Required

There are special remedies that are granted only under exceptional circumstances. To obtain special remedies, you need permission (leave) from a court.

01

Writ of Sequestration

It gives a sheriff power to hold the debtor’s property until the debtor complies with the order.
02

Writ of Possession

The debtor’s land is held by a sheriff until the debtor complies with the order.
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