How to Enforce a Small Claims Court Judgment

Winning a Small Claims Court case in Ontario is only the first step. Actually getting paid is another challenge. The court does not automatically collect the money for you, so if the debtor (the person who owes you money) refuses to pay, you’ll need to take legal enforcement actions.

This guide explains how to enforce a Small Claims Court judgment and collect what you're owed using wage garnishment, bank seizures, property liens, and more.

1. What Happens After Winning a Small Claims Case?

After winning, the court issues a judgment, which is a legal order stating that the debtor must pay you. However, some debtors ignore the order or refuse to pay.

First Steps:

• Wait for voluntary payment: Some debtors pay after receiving the judgment.
• Send a formal demand letter: A written request may prompt payment.
• Negotiate a payment plan: Some debtors will agree to installments.

If they still don’t pay, you must enforce the judgment yourself. The court will not do this for you.

For more details, check What to Do After Winning a Small Claims Case.

2. How to Enforce a Judgment in Ontario

If the debtor refuses to pay, you have several enforcement options:

Wage Garnishment: Take part of their paycheck.Bank Garnishment: Seize money directly from their bank account.Seizing Assets: Sell the debtor’s property to recover the debt.Placing a Lien on Property: Prevent the debtor from selling real estate without paying you.Debtor Examination: Force the debtor to disclose assets under oath.

Each method requires filing court documents and following legal procedures.

For legal help, contact Carson Frankum to discuss enforcement options.

3. Wage Garnishment: Seizing Paychecks

If the debtor is employed, you can garnish their wages, meaning a portion of their paycheck is paid into court and then paid out to you.

Steps to Garnish Wages:

1. File a Notice of Garnishment (Form 20E): Available here.
2. Serve the notice on the debtor’s employer.
3. The employer must deduct a portion of the wages and pay it into court.

Limitations:

• You can garnish up to 20% of the debtor’s net wages.
• Certain income sources, like disability payments, cannot be garnished.

For details, check How Wage Garnishment Works.

4. Bank Account Garnishment

If you know where the debtor banks, you can file a Notice of Garnishment to seize funds directly from their account.

Steps to Garnish a Bank Account:

1. File a Notice of Garnishment (Form 20E) with the court.
2. Serve the notice on the debtor’s bank.
3. The bank will pay the funds into court, and the clerk pays them out to you.

Important: If there is no money in the account, garnishment will not work.

For more, read How to Garnish a Bank Account.

5. Seizing and Selling Debtor’s Assets

If the debtor owns valuable property, you can request a Writ of Seizure and Sale to have the Sheriff seize and sell their assets.

Steps to Seize Assets:

1. File a Writ of Seizure and Sale of Personal Property (Form 20C).
2. The Sheriff will seize assets like vehicles, valuable goods, or equipment.
3. The property is sold at auction, and proceeds go toward the debt.

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

For more details, check How to Seize Assets After a Judgment.

6. Placing a Lien on the Debtor’s Property

If the debtor owns real estate, you can place a Writ of Execution (Lien) on their property.

How a Lien Works:

• The debtor cannot sell or refinance their property without paying you.
• If they sell, you get paid from the sale proceeds.
• The lien stays on the property for up to 6 years (can be renewed).

Steps to Register a Lien:

1. File a Writ of Seizure and Sale of Land (Form 20D).
2. Register it with the Sheriff’s Office in the debtor’s jurisdiction.

For more details, read How to Place a Lien on Property.

7. Conducting a Debtor Examination

If you don’t know what assets the debtor has, you can request a Debtor Examination, which forces them to reveal their financial situation under oath.

Steps to Request a Debtor Examination:

1. File a Notice of Examination (Form 20H).
2. Serve the debtor with a court order to appear.
3. At the hearing, the debtor must disclose all income, bank accounts, and property.

If they refuse to appear, the judge may order a contempt hearing, and a person found in contempt can be jailed for up to five days.

For more, check How to Request a Debtor Examination.

Final Thoughts: Enforce Your Judgment Effectively

Winning in Small Claims Court is only half the battle. Collecting your money requires taking the right legal steps. If the debtor refuses to pay, don’t give up. Use garnishment, asset seizure, and legal tools to enforce your judgment.

Key Takeaways:

• Start with a formal payment request before taking legal action.
• Garnish wages or bank accounts if the debtor won’t pay voluntarily.
• Seize assets or place a lien on their property if necessary.
• If unsure of their assets, request a Debtor Examination.

Need help enforcing a judgment? Contact Carson Frankum for legal advice today.

Before you choose a garnishment or a writ, it often pays to find out what the debtor has; here is what happens at a Small Claims examination hearing and how to ask for one. While you enforce, your judgment keeps growing; see how postjudgment interest works on an Ontario judgment and the rate that applies to yours. Debtors often ask the court for a payment schedule, and creditors should know how that limits their options; see paying a Small Claims judgment in instalments for the rules. Before you ask the enforcement office to seize anything, check what property cannot be seized to pay a judgment in Ontario, because household goods, tools and a modest vehicle are protected up to set values.