I won my civil lawsuit in Ontario — how do I actually collect the money?
Winning a judgment is only the first step — collecting the money requires separate enforcement steps. In Ontario, you have several tools available to enforce a monetary judgment against a debtor who does not pay voluntarily.
A writ of seizure and sale can be filed in the Sheriff's office and registered against the debtor's land, preventing them from selling property without satisfying the judgment first. Garnishment allows you to collect directly from a third party who owes money to the debtor — most commonly an employer (wage garnishment) or a bank. You can also conduct a judgment debtor examination, where the debtor is required to attend court and answer questions about their income and assets under oath.
Enforcement can be challenging if the debtor has few assets or is deliberately concealing them. Judgments in Ontario are valid for a lengthy period, giving you time to pursue collection as the debtor's circumstances change. A litigation lawyer or paralegal experienced in collections can help you identify the most effective enforcement strategy for your situation.
Key takeaways
- Winning a judgment does not automatically put money in your pocket.
- Key tools include writs of seizure and sale, wage garnishment, and bank garnishment.
- A judgment debtor examination compels the debtor to disclose their assets.
- Judgments remain enforceable for an extended period in Ontario.