How do I collect a debt through the courts in Ontario?

Collecting a debt through Ontario's courts involves two steps: getting a judgment, and then enforcing it. If someone owes you money and will not pay voluntarily, you start by filing a claim in the appropriate court — Small Claims Court for smaller amounts, or Superior Court of Justice for larger claims.

Once you obtain a judgment, you become a "judgment creditor" and the person who owes you becomes a "judgment debtor." A judgment does not automatically result in payment. You must take enforcement steps to collect the money.

In Ontario, judgment creditors have several enforcement tools available. You can garnish the debtor's wages or bank accounts, seize and sell personal property, register the judgment against land the debtor owns (called a "writ of seizure and sale"), or examine the debtor under oath about their finances through an "examination in aid of execution" to locate assets.

Enforcement can be complicated if the debtor has few assets, lives in another province, or deliberately moves assets to avoid payment. The Ministry of the Attorney General's website and local sheriff's office can assist with some enforcement steps. A lawyer can help you choose the most effective enforcement strategy and navigate any complications.