Enforcing a Small Claims Court Judgment in Ontario: Garnishment, Writs, and Debtor Examinations

So you obtained judgment — now what?

Obtaining judgment in Small Claims Court is an important milestone, but it does not always mean payment will follow automatically. If the defendant does not voluntarily pay, the successful plaintiff — now the judgment creditor — may need to take further steps to enforce the judgment against the judgment debtor.

This post outlines common enforcement options in Ontario Small Claims Court, including garnishment, writs of seizure and sale, and judgment-debtor examinations. It also explains why recovery depends not only on having a judgment, but also on whether the debtor has income or assets that can realistically be collected.

Obtaining Default Judgment

In Small Claims Court, a defendant generally has 20 days to respond to a Plaintiff’s Claim by filing a defence. If the defendant does not file a defence within the required time, the plaintiff may ask the court clerk to note the defendant in default and may then move toward default judgment.

If the claim is for a fixed or readily calculable amount — for example, an unpaid invoice, contract price, or other liquidated amount — default judgment may be more straightforward. If the claim involves unliquidated damages, such as pain and suffering or punitive damages, the court may need to assess the amount before judgment can be finalized. That assessment may involve a written motion or an assessment hearing.

Receiving Judgment Is Only the First Step

Once judgment has been issued, the next question is how to enforce it. The most common enforcement tools include garnishment, writs of seizure and sale, and judgment-debtor examinations. The right option depends on what information is available about the debtor’s employment, bank accounts, property, and other assets.

Option 1: Garnishment

Garnishment may be available where a third party owes money to the judgment debtor. Common examples include an employer who owes wages or a financial institution that holds money in the debtor’s bank account.

Option 2: Writs of Seizure and Sale

A writ of seizure and sale is another enforcement option where the debtor has property that may be available to satisfy the judgment. In Ontario Small Claims Court, the two main forms are:

• Writ of Seizure and Sale of Personal Property
• Writ of Seizure and Sale of Land

A writ against personal property may allow the sheriff to seize and sell certain assets, such as a vehicle or other eligible property, with proceeds applied toward the judgment. A writ against land may attach to the debtor’s interest in real property and can affect future dealings with that property, including a sale or refinancing.

Finding Out Whether the Debtor Has Assets

A judgment-debtor examination can be useful when the creditor does not know where the debtor works, banks, owns property, or holds other assets. At the examination, the debtor may be questioned under oath about income, bank accounts, real estate, vehicles, and other financial information that may assist with enforcement.

It is important to remember that judgment does not guarantee payment. Some debtors may have no readily collectible income or assets at the time enforcement is attempted, which can make recovery difficult even where judgment has been obtained. For that reason, it is often worthwhile to consider enforcement prospects before starting a claim and to gather as much practical information as possible about the debtor.

Every enforcement strategy depends on the facts. If you need assistance enforcing a Small Claims Court judgment, our litigation team can help you assess your options and determine the most practical next steps.

At Mills & Mills LLP, our lawyers regularly help clients with a wide range of legal matters including business law, real estate law, estate law, employment law, health law, and tax law. For over 140 years, we have earned a reputation amongst our peers and clients for quality of service and breadth of knowledge. Contact us online or at (416) 863-0125. The material provided through the Mills & Mills LLP website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind.