What can I do if the person I won against in Small Claims Court simply has no money to pay?
Winning a Small Claims Court judgment against someone who has no money or assets — sometimes called a "judgment-proof" debtor — is a frustrating but common reality. A court order does not create assets where none exist, and the legal system cannot force payment from someone who genuinely has nothing.
That said, there are steps you can take before giving up. You can bring the debtor in for an Examination of Debtor hearing, where they must answer questions under oath about their income, expenses, bank accounts, property, and other assets. This process can reveal assets or income streams that were not obvious, including informal income, vehicles, or valuable personal property.
If the debtor is employed, garnishment of wages remains available even for modest incomes — a portion of wages can be redirected to you, though provincial law protects a minimum amount. If the debtor's circumstances improve in the future — they get a job, inherit money, or buy property — your judgment remains valid and enforceable, and you can revive enforcement steps at any time within the limitation period for enforcing judgments.
A judgment has a limited life under Ontario law, but it can be renewed. If you have any reason to believe the debtor's situation may change, it is worth keeping the judgment active.
Key takeaways
- A judgment against an insolvent debtor does not guarantee payment.
- An Examination of Debtor hearing can reveal hidden assets or income.
- Wage garnishment is available even against modest incomes, subject to statutory minimums.
- Judgments remain enforceable and can be renewed if the debtor's circumstances change.