Small Claims Court

How long does a Small Claims judgment last, and how do you keep it enforceable?

Last updated October 7, 2026.

An Ontario Small Claims judgment does not expire: there is no limitation period for enforcing a court order, and postjudgment interest keeps running until it is paid. The enforcement tools do have a clock. A writ of seizure and sale or a notice of garnishment lasts six years and must be renewed before it expires, and once six years have passed since the judgment, a new writ or garnishment needs the court's permission.

So the real question is not whether the judgment is still good, but whether you have kept your enforcement steps alive. Our page on help with Small Claims Court cases explains how Carson Frankum, a licensed paralegal in Hamilton, helps creditors collect and debtors understand where they stand.

How does the clock work, step by step?

Three sets of rules work together here: section 16 of the Limitations Act, 2002, Rule 20 of the Rules of the Small Claims Court, and section 129 of the Courts of Justice Act. Here is how they play out over the life of a judgment.

Day one: the judgment is made. Money owing under the order, including costs, starts to bear postjudgment interest from the date of the order (Courts of Justice Act s. 129(1)). The rate is fixed by the quarter in which the order was made and does not change later.
No deadline to enforce. Section 16(1)(b) of the Limitations Act says there is no limitation period for "a proceeding to enforce an order of a court". A creditor can try to collect years later.
The first six years: enforcement without permission. Once there is a default, the creditor can ask the clerk to issue a writ of seizure and sale of personal property, a writ of seizure and sale of land, or a notice of garnishment, and can ask for an examination hearing about the debtor's finances (r. 20.06, 20.07, 20.08 and 20.10).
Each writ or garnishment runs for six years. A writ expires on the sixth anniversary of the date it was issued (r. 20.06(2) and r. 20.07(3)). A notice of garnishment stays in force for six years from the date it was issued (r. 20.08(5.1)).
Renew before expiry. A writ filed with the bailiff or sheriff can be renewed before it expires by filing a Request to Renew a Writ of Seizure and Sale (Form 20N) (r. 20.06(3) and r. 20.07(4)). A garnishment can be renewed before it expires by filing a Notice of Renewal of Garnishment (Form 20E.1) with an Affidavit for Enforcement Request (Form 20P), and no court permission is needed for that renewal (r. 20.08(2.3) and (5.2)).
After six years from the judgment: leave for anything new. If more than six years have passed since the order was made, a new writ of seizure and sale of personal property, a new writ against land, or a new notice of garnishment can be issued only with leave of the court (r. 20.06(1.1), r. 20.07(1.1) and r. 20.08(2.1)). That means a motion to a judge.
Use the leave within a year. If the court grants leave but the writ or garnishment is not issued within one year, the leave lapses and a new motion is needed (r. 20.06(1.2), r. 20.07(1.2) and r. 20.08(2.2)).
Payment in full. Once the judgment is paid, the creditor must serve a Notice of Termination of Garnishment (Form 20R) on the garnishee and the clerk (r. 20.08(20.2)), and the parties can file a Request for Clerk's Order on Consent (Form 11.2A) confirming full payment (r. 20.12).

How long each Small Claims enforcement tool lasts
Tool	How long it lasts	How to renew	Fee	More than 6 years after judgment
The judgment itself	No expiry; no limitation period to enforce it (Limitations Act s. 16(1)(b))	Not needed	None	Still enforceable
Writ of seizure and sale of personal property (Form 20C)	Expires on the sixth anniversary of issue (r. 20.06(2))	Form 20N filed with the bailiff before expiry (r. 20.06(3))	$68 to issue; ask the enforcement office about its filing and renewal fee	New writ needs leave (r. 20.06(1.1))
Writ of seizure and sale of land (Form 20D)	Expires on the sixth anniversary of issue (r. 20.07(3))	Form 20N filed with the sheriff before expiry (r. 20.07(4))	$68 to issue; $100 to file or renew with the sheriff where it goes to the land registrar	New writ needs leave (r. 20.07(1.1))
Notice of garnishment (Form 20E)	Six years from issue (r. 20.08(5.1))	Form 20E.1 and Form 20P filed with the clerk before expiry (r. 20.08(5.2))	$144 to issue or renew	New garnishment needs leave (r. 20.08(2.1))
Warrant of committal after contempt	12 months (r. 20.11(10))	Court order on the creditor's motion	$127 motion fee	Not tied to the judgment date

Court fees are from O. Reg. 332/16, and sheriff fees from the province's Small Claims Court fees page, which reproduces the Sheriffs: Fees regulation.

What did the October 2025 change do?

O. Reg. 222/25 rewrote the duration and renewal rules for Small Claims writs, and it came into force on October 6, 2025. Under the current wording, a writ expires on the sixth anniversary of its issue. If it is renewed, it expires on the sixth anniversary of the date it would have expired had it not been renewed (r. 20.06(2) and r. 20.07(3)). In plain terms, each renewal adds six years to the old expiry date, not to the day you renewed, so renewing early does not cost you time.

The same amendment says a renewal request may be filed only during the six years before the expiry it relates to (r. 20.06(3.1) and r. 20.07(5)), and only for a writ that has been filed with the bailiff or sheriff. It also lets an "authorized Teranet user", which includes a lawyer or paralegal, have a writ against land issued electronically through the Teranet software without filing an affidavit for enforcement request (r. 20.07(0.1) and (1.3)).

What changes the answer?

A missed renewal. If a writ or garnishment lapses, the judgment survives, but you must start again with a new one. If six years have passed since the judgment, starting again needs leave of the court.
A payment order. While an order for periodic payment, an order as to payment or a consolidation order is in force, the creditors named in it can take no enforcement step except issuing a writ against land and filing it with the sheriff (r. 20.02(2), r. 20.09(9) and r. 20.10(8)). That is one reason land writs are worth keeping renewed. See paying a Small Claims judgment in instalments.
Interest. Postjudgment interest runs from the date of the order at the rate for that quarter (Courts of Justice Act s. 127 and s. 129). The province's published rate is 4.0% for orders made in any quarter of 2026. A court can change the rate or period where it considers it just (s. 130). Our page on interest on debts and judgments shows the calculation.
Exempt property. An old judgment is still subject to the same exemptions as a new one. See what property cannot be seized to pay a judgment.
Selling land takes time. Under the Rules of Civil Procedure, which govern an issued Small Claims writ against land (r. 20.07(2)), no step to sell land can be taken until four months after the writ is filed with the sheriff, and no sale can be held until six months after (r. 60.07(17) and (18)).
A claim is not a judgment. None of this protects a lawsuit that has not reached judgment. An inactive claim can be dismissed by the clerk, and the limitation period for a fresh claim keeps running; see when a Small Claims case is dismissed for delay.

A worked example

For example, imagine a Hamilton contractor named Marco who won a $9,000 judgment against a former client in May 2020. In June 2020, he had a writ of seizure and sale of land issued and filed with the sheriff for Hamilton. The client never paid, and Marco lost track of him.

In 2026, Marco hears the client has bought a house in Hamilton. His judgment is still enforceable, because there is no limitation period for enforcing a court order. Interest has been running at 3.0%, the postjudgment rate for the second quarter of 2020, which works out to about $270 a year on the $9,000.

The urgent point is the writ. It expires on its sixth anniversary in June 2026, so Marco files a Request to Renew (Form 20N) with the sheriff before then and pays the renewal fee. Because more than six years have passed since the May 2020 judgment, he will also need leave of the court, on a motion, before he can issue a new notice of garnishment against the client's wages.

This is a made-up illustration, not a real case. Dates, rates and the court's decision on leave depend on the facts.

Common mistakes people make

Thinking the judgment "expired" after six years. It did not. Only the writs and garnishments have six-year terms, and leave is needed for new ones after six years.
Waiting until after expiry to renew. A writ or garnishment can only be renewed before it expires (r. 20.06(3), r. 20.07(4) and r. 20.08(5.2)). Put the expiry date in your calendar the day the writ is issued.
Getting leave and then sitting on it. Leave lapses if the writ or garnishment is not issued within one year (r. 20.06(1.2), r. 20.07(1.2) and r. 20.08(2.2)).
Filing only one land writ. The ministry's guide says a land writ binds land only in the county or district where it is filed, so a debtor who may own land elsewhere needs a separate writ in each place.
Forgetting interest in the balance. Every enforcement request asks for the amount owing including postjudgment interest (r. 20.04(2) and r. 20.10(2)). Recalculate after each payment, as the ministry's guide explains.
Debtors ignoring an old judgment. Interest keeps growing, and the ministry's guide notes a land writ can make it hard to sell or mortgage your home. Dealing with it early, through an agreement or a payment order, usually costs less.

What to do this week

Find your judgment and note the exact date it was made; six years from that date is the point after which new enforcement needs leave.
List every writ and notice of garnishment you have issued, with its issue date and expiry date.
Renew anything expiring in the next few months: Form 20N for writs, Form 20E.1 with Form 20P for garnishments.
Recalculate the balance with postjudgment interest at the rate for the quarter of your judgment, less payments received.
If you no longer know where the debtor works or banks, request an examination hearing in the court where the debtor now lives.
If the judgment is more than six years old and you need a new writ or garnishment, prepare a motion for leave and plan to use it within a year.

Frequently asked questions

Is there a time limit to start enforcing a Small Claims judgment?

No. The Limitations Act, 2002 says there is no limitation period for a proceeding to enforce a court order (s. 16(1)(b)). After six years from the order, though, new writs and garnishments need leave of the court.

How much does it cost to renew?

Renewing a notice of garnishment costs $144 at the Small Claims Court. Filing or renewing a writ with the sheriff costs $100 where it is delivered to the land registrar, or $75 otherwise, under the sheriff fee schedule published by the province.

Does a garnishment catch wages earned years from now?

A notice of garnishment reaches debts payable to the debtor when it is served, and debts that become payable after service and within six years after it was issued (r. 20.08(8)). Renewing it keeps it working. Our article on the wage garnishment process after a Small Claims judgment covers the first notice.

What if the debtor moved away from Hamilton?

Garnishments and examinations go through the court where the debtor lives or does business, with a Certificate of Judgment from the court that made the order (r. 20.08(3) and r. 20.10(2)). For local details, see Small Claims Court in Hamilton.

Can a paralegal handle renewals and motions for leave?

Yes. Renewals, enforcement steps and motions in the Small Claims Court are within a licensed paralegal's scope of practice under Law Society of Ontario By-Law 4. An appeal of a final Small Claims judgment over the appeal threshold goes to the Divisional Court, where you would need a lawyer.

What should a creditor do once the judgment is paid?

Tell the court and the enforcement office, serve a Notice of Termination of Garnishment if a garnishment is in place (r. 20.08(20.2)), and sign a Request for Clerk's Order on Consent so the file shows the order is satisfied (r. 20.12). If you are still building a claim, start with suing for an unpaid invoice.

Sources

Need help with a Small Claims Court matter? Contact us today for a consultation.

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.