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Winning your case in Small Claims Court is a big victory but it's not always the end of the road.
Many people are surprised to learn that getting a judgment doesn't guarantee payment. In fact, enforcing that judgment can be just as challenging as winning the case itself.
As a licensed paralegal with experience in both obtaining and enforcing judgments, I help clients turn court orders into actual results. Here's a breakdown of the main enforcement methods available in Ontario and how I can help you navigate them.
- Start with a Demand Letter
Before jumping into formal enforcement, it's often wise to send a written request for payment. This letter should:
- Reference the court judgment
- Set a clear deadline for payment
- Include payment instructions
Sometimes, this simple step is enough. If not, it's time to escalate.
- Judgment Debtor Examination
If you're unsure about the debtor's financial situation, you can request a Judgment Debtor Examination. This court-ordered process requires the debtor to:
- Appear in court
- Disclose income, assets, and liabilities
- Answer questions under oath
This information is crucial for choosing the most effective enforcement method. I can help you file the necessary forms and represent you at the examination.
- Garnishment of Wages or Bank Accounts
If the debtor has a job or bank account, you may be able to garnish their wages or funds. This involves:
- Filing a Notice of Garnishment
- Serving it on the debtor and their employer or bank
- Receiving payments directly from the garnishee
Garnishment can be highly effective, but it must be done correctly. I ensure all steps are followed to maximize your chances of recovery.
- Writ of Seizure and Sale
If the debtor owns property, you can file a Writ of Seizure and Sale with the court. This allows the sheriff to:
- Seize and sell personal property (e.g., vehicles, equipment)
- Register the writ against land, which can block sales or refinancing
This method is more complex, but it can be powerful especially if the debtor owns real estate. I can help you assess whether this is a viable option and handle the paperwork.
- Writ of Delivery or Possession
If your judgment involves the return of specific property (not money), a Writ of Delivery can compel the debtor to return it. This is often used in cases involving leased or loaned items.
Why Work with a Paralegal?
Enforcing a judgment can be time-consuming, technical, and frustrating. As a paralegal, I offer:
- Affordable legal services
- In-depth knowledge of enforcement procedures
- Hands-on support from start to finish
Whether you're just starting enforcement or have hit a roadblock, I can help you move forward with confidence.
Let's Talk
If you've won a judgment but haven't been paid, don't wait. The sooner you act, the better your chances of recovery. Contact me today for a consultation and let's turn your judgment into results.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
