The Toronto Small Claims Court deals with thousands of cases a year. It is part of the small claims Ontario system.
There are many advantages to be represented by a paralegal Ontario, however many people represent themselves.
A question I am asked several times a week is “How do I collect my judgment?” There are several methods to do this.
First, does the debtor own a house, condo or any land in Ontario? If the answer is yes, you may choose to issue a Writ of Seizure and Sale of Lands, and file it with the sheriff in the jurisdiction where the debtor owns property.
This acts like a lien. The debtor will not be able to sell the property or obtain a mortgage from a new lender without paying off the judgment in full, including daily interest. The writ expires in six years. It can be renewed before or after expiry, if necessary.
If you don’t know whether your debtor owns lands, our firm can do a search to find hidden properties owned by the debtor in Ontario.
A Writ of Seizure and Sale of lands filed in the jurisdiction where the debtor lives or carries on business also acts as lien against the person or company’s name. If another creditor is able to locate money or assets of the debtor, and the money comes into the hands of the sheriff, you are entitled to an equal portion of the money just by filing this Writ of Seizure and Sale of Lands.
This equal distribution of the money the sheriff receives is paid out pursuant to the Creditor’s Relief Act.
Often the quickest method to collect a judgment is to issue a Notice of Garnishment. In order to do this you need to know where the debtor works or where they bank. To garnish a bank account you must know the bank and branch location where account is located.
If you are collecting a money judgment ordered by the Landlord and Tenant Board, you will need to know a current residential address for the former tenant. The judgment must be transferred to the small claims court in the area the tenant now livs.
If your debtor is a business you may consider garnishing accounts receivable, or rent paid to the company.
Another choice is to have the sheriff seize and sell personal property of the debtor. This may be a worthwhile method if the debtor is a business, and you know exactly what assets the business debtor owns. You must be willing to put up a large cash deposit with the sheriff. You also need to do searches to prove that there are no liens against the property.
There is a lot of false information out there about the powers of the sheriff to seize items under a Writ of Seizure and Sale of Personal Property. The sheriff can only enter a business address. It has no proper to enter a residence. The Execution Act lists a number of things a sheriff has no power to seize.
The Creditors’ Relief Act, 2010 sets out how money is to be paid out by the sheriff if there are multiple creditors.
If you want the sheriff to seize and sell an automobile, you need the make, model, and VIN number. In addition to the large cash deposit you will have to provide the sheriff, you will also be required to do searches proving the vehicle is solely owned by the debtor, and there are no liens on the vehicle.
If you have no information about the judgment debtor’s assets, you will probably choose to issue a Notice of Examination. This enforcement method is usually a last resort as it has its share of drawbacks. You will need to serve the debtor with the Notice of Examination either personally, or if served at the debtor’s residence it can be left with an adult member of the household, provided you mail another copy within 24 hours.
The debtor may show up for hearing. If they do that is great. A skilled paralegal Ontario knows how to get the debtor to answer questions about their ability to pay the judgment. They will spend some time asking questions of the debtor. Afterwards, the creditor or their representative may ask the judge for an order for monthly payments. There are both advantages and disadvantages to obtaining such an order.
The paralegal Ontario may also ask the judge for an order for the debtor to produce documents.
If the debtor does not attend for the hearing, a Notice of Further Examination Hearing or Contempt Hearing may be ordered. The process varies across the province. At some point if the debtor fails to attend a Contempt Hearing, a warrant for their arrest may issue.
This has been a brief overview of the major judgment enforcement options. There are many books that have been written about the art of judgment enforcement. This is not intended to be legal advice.
If you need help collecting your judgment, contact Marshall Yarmus at (416) 229-1479 or (343) 600-7722 or visit our website at http://civilparalegal.com/home_services/judgement-enforcement/