How do I collect money after I win a judgment in Small Claims Court in Ontario?
Winning a Small Claims Court judgment is only the first step — you then need to take enforcement action to actually collect the money, because the court does not do this for you.
The most common enforcement tools in Small Claims Court are the Notice of Examination and the Notice of Garnishment. The Notice of Examination requires the debtor to attend court and answer questions about their assets, income, and financial situation under oath. This gives you the information you need to decide which enforcement method to pursue.
A Notice of Garnishment allows you to collect directly from the debtor's employer (wages) or from their bank. You file the notice with the court, which then serves it on the third party holding the money. For wage garnishment, a set formula determines how much can be taken each pay period. A Notice of Seizure and Sale of Personal Property is another option for seizing and selling assets, though exemptions under the Execution Act limit what can be taken.
You can also file a Writ of Seizure and Sale of Land with the sheriff's office to register against the debtor's real property in that county. The writ will surface on any title search and must be satisfied before the property can change hands.
If the debtor lives or works in another province, or if the debt is large, enforcement becomes more complex. A lawyer familiar with judgment enforcement can help you choose the most efficient approach.
Key takeaways
- A judgment does not automatically collect money — you must take enforcement steps.
- Start with a Notice of Examination to learn about the debtor's assets and income.
- Garnishment (wages or bank), writs on land, and seizure of personal property are the main tools.
- Enforcement across provincial borders requires additional legal steps.