Winning a Small Claims Court case in Ontario is only half the battle—actually getting paid can be a challenge. If the debtor (the person who owes you money) doesn’t pay voluntarily, you’ll need to take enforcement steps to collect what’s owed to you.

This guide will walk you through how to collect on a Small Claims Court judgment, including legal options, enforcement tools, and what to do if the debtor refuses to pay.

1. What Happens After You Win a Judgment?

After winning your case, the court will issue a judgment, which is a legal order stating that the debtor owes you money.

📌 What you should do first:

• Wait for voluntary payment – Some debtors pay once they receive the judgment.
• Request a payment schedule – The debtor may agree to a payment plan.
• Send a written demand for payment – A formal request can prompt payment.

🚨 If the debtor refuses to pay, you must enforce the judgment yourself. The court does NOT automatically collect the money for you.

For more details, check What to Do After Winning in Small Claims Court.

2. Step 1: Enforce the Judgment Legally

If the debtor doesn’t pay voluntarily, you can take legal steps to force payment. The most common enforcement tools include:

✅ Wage Garnishment – Seizing part of the debtor’s wages from their employer.✅ Bank Account Garnishment – Freezing and withdrawing funds directly from their bank.✅ Seizure and Sale of Assets – Selling the debtor’s property to recover the money.✅ Filing a Writ of Execution – Placing a lien on their property.

Each method requires filing specific legal forms with the court.

For help choosing the best option, book a consultation with Carson Frankum.

3. Step 2: Conduct a Debtor Examination

If you’re unsure whether the debtor has income, assets, or money in the bank, you can request a Debtor Examination in court.

📌 How to request a Debtor Examination:

1. File a Notice of Examination (Form 20H) – Available here.
2. Serve the debtor with the Notice of Examination.
3. The debtor must attend a court hearing and answer questions about their income, employment, bank accounts, and assets.

🚨 If they refuse to attend, the court may issue a warrant for their arrest.

For details on filing, check How to Request a Debtor Examination.

4. Step 3: Garnishing Wages or Bank Accounts

💰 Wage Garnishment

If the debtor is employed, you can file a Garnishment Order to take a portion of their wages before they receive their paycheck.

✅ Steps to garnish wages:

1. File a Garnishment Order (Form 20G) with the court.
2. Serve it on the debtor’s employer.
3. The employer must deduct a portion of the debtor’s wages and send it to you.

📌 Limits on wage garnishment:

• You can only garnish up to 20% of the debtor’s net income.
• Certain types of income (e.g., disability payments) cannot be garnished.

For more details, check How to Garnish Wages in Ontario.

💳 Bank Account Garnishment

If you know where the debtor banks, you can seize money directly from their account.

✅ Steps to garnish a bank account:

1. File a Garnishment Order (Form 20G) with the court.
2. Serve it on the debtor’s bank.
3. The bank will freeze funds and send them to you.

🚨 Bank account garnishment does NOT work if the debtor has no money in their account.

For more details, read How to Seize Funds from a Bank Account.

5. Step 4: Seizing and Selling Assets

If the debtor owns valuable property, you can have it seized and sold to recover your money.

✅ Steps to seize assets:

1. File a Writ of Seizure and Sale (Form 20F) with the court.
2. Hire a Sheriff’s Office to seize property (e.g., vehicles, valuable items).
3. The property is sold at auction, and proceeds go toward your judgment.

🚨 You cannot seize essential household items or low-value property.

For more details, check How to Enforce a Judgment by Seizing Property.

6. Step 5: Registering a Writ of Execution

If the debtor owns real estate, you can file a Writ of Execution, which places a lien on their property.

✅ How it works:

• The lien prevents the debtor from selling or refinancing their property until they pay you.
• If they sell, the debt is paid from the sale proceeds.
• The lien stays on the property for up to 6 years.

📌 To file a Writ of Execution:

• Complete Form 20E – Available here.
• Register it with the Sheriff’s Office in the debtor’s region.

For more on liens, check How to Place a Lien on a Debtor’s Property.

Final Thoughts: Persistence Is Key

Collecting a Small Claims Court judgment can take time, but you have legal tools to enforce payment. If the debtor refuses to pay, don’t give up—use garnishment, asset seizure, and legal pressure to get what you’re owed.

📌 Key Takeaways:

• Start with a payment request before taking legal action.
• If ignored, enforce the judgment through wage/bank garnishment or property liens.
• If unsure about the debtor’s assets, request a Debtor Examination.
• Register a Writ of Execution to prevent property sales.

🚀 Need help enforcing your judgment? Contact Carson Frankum to get professional legal support today.