Winning a court judgment does not actually mean getting paid.
If the judgment debtor does not pay voluntarily, you may have to take further steps to collect. While Ontario courts provide enforcement procedures, it is generally the creditor’s responsibility to choose between them and pursue them.
What can you do if the debtor does not pay?
The most appropriate first step depends on what you know about the debtor and their assets. In Ontario Small Claims Court, enforcement options include:
- Garnishment: Seeking payment from a third party that owes money to the debtor, such as a bank or employer.
- A writ of seizure and sale: Enforcing the judgment amount against eligible property in the debtor’s name.
- An examination hearing: Requiring the debtor to answer questions about their income, property, debts and financial transactions before a judge.
These procedures do not guarantee recovery. A garnishment, for example, is only useful if the third party holds money or owes a debt that can be garnished. An examination may help you find assets, but it does not itself put money in your hands. The Ontario Small Claims Court guide to enforcing a judgment explains the available procedures.
Think about collection before the case ends
Enforcement strategy is premised on the information you have about the debtor and their assets. Litigants should be mindful of this as litigation is unfolding. Consider:
- Where the debtor works;
- Where they bank;
- Whether they own real estate; and
- Whether they operate through a corporation.
These details may seem incidental while a dispute is unfolding; however, they may determine whether you have a practical route to payment once a judgment is released.
If you have won an Ontario judgment and have not been paid, I can help you assess enforcement options, including garnishment, examination hearings and writs, and pursue enforcement of your judgment.
