You filed the claim, sat through the settlement conference, maybe even went to trial — and the judge ruled in your favour. Then nothing happens. The other side does not call, does not pay, and does not answer your messages. This is one of the most frustrating moments in a small claims case, and it is more common than people expect: a judgment is the court confirming you are owed money, not the money itself. Collecting it is a separate process called enforcement, and the Rules of the Small Claims Court give you several tools to do it.
Ontario's court guide notes that you can begin taking enforcement steps immediately after judgment is given, and that acting quickly generally gets better results. Often the best first step is a short written demand for payment that sets out the amount owing and where to send it. Remember too that post-judgment interest keeps running on the unpaid amount, so the debt grows the longer the debtor waits.
If the debtor still does not pay, the formal tools come next. Each one requires filing an Affidavit for Enforcement Request (Form 20P) stating how much is still owing, and each step carries a court filing fee.
Many creditors do not know where the debtor works, banks, or owns property. An examination hearing fixes that. You file a Notice of Examination (Form 20H) and have it served on the debtor (the court guide says at least 30 days before the hearing). At the hearing, which is private, under oath and recorded, the debtor can be questioned about:
A debtor who is an individual must complete a Financial Information Form (Form 20I), give it to you, and bring supporting documents. If the debtor is a corporation, an officer or director can be examined on its behalf.
After the examination, the judge may make an order as to payment — for example, a monthly payment schedule. While that order is in force you generally cannot take other enforcement steps, except filing a writ of seizure and sale of land with the sheriff. But if the debtor misses payments, you can serve a notice of default, and the payment order ends 15 days after service unless you agree to waive the default.
What if the debtor ignores the hearing? A debtor who fails to attend, or who attends but refuses to answer questions or produce documents, can be ordered to a contempt hearing. At that hearing the judge has real teeth — including ordering the person jailed for up to five days. Most debtors start cooperating well before that point.
Garnishment lets you collect money that someone else owes the debtor — most commonly an employer (wages) or a bank (account funds). You file a Notice of Garnishment (Form 20E), naming one debtor and one garnishee, then serve the garnishee and, within five days, the debtor. The garnishee pays the money into court rather than to the debtor.
There are limits. Under the Wages Act, 80% of a person's net wages are exempt from garnishment in an ordinary debt, so wage garnishment generally captures up to 20% of each paycheque. The court guide also notes that employment insurance, social assistance and pension payments cannot be garnished, even after they are deposited in a bank account. A notice of garnishment stays in force for six years and can be renewed.
Land. A Writ of Seizure and Sale of Land (Form 20D) is filed with the sheriff in each area where the debtor may own property. Once it is on file, the court guide explains, it becomes difficult for the debtor to sell or mortgage that land until your debt is paid — which is often what finally brings a property-owning debtor to the table. Only the debtor's equity in the property can be sold.
Personal property. A Writ of Seizure and Sale of Personal Property (Form 20C) allows the enforcement office to seize and sell the debtor's goods. You pay fees and a deposit up front, and the law exempts certain basics — such as some household items, tools of the trade and, up to a value limit, a vehicle — so this tool works best where you know the debtor owns valuable, non-exempt assets.
Both kinds of writ expire on the sixth anniversary of issue and can be renewed before they expire. If more than six years have passed since the judgment itself, you need the court's permission before issuing a new writ or garnishment.
The right strategy depends on what the debtor actually has: a steady job points to wage garnishment; a known bank account points to bank garnishment; a home or investment property points to a writ against land. When you do not know, the examination hearing comes first. Enforcement paperwork must be precise — the wrong garnishee, a miscalculated amount, or improper service can stall collection for months.
This article is general information only and is not legal advice. Every case turns on its own facts.
Winning the judgment is half the job. WP Legal Professional helps creditors across the Greater Toronto Area enforce Small Claims Court judgments — from examination hearings to garnishment and writs of seizure and sale — in English, Cantonese, Mandarin, and Korean. Learn more about our small claims services.
Act now. Contact us for a confidential consultation about collecting what you are owed.
