Collecting a Small Claims Judgment When the Debtor Has Moved Away

You won. A judge signed a Small Claims Court judgment ordering someone to pay you. Then, when you go to collect, you discover they've moved — maybe to a different city in Ontario, maybe to another province, maybe out of the country entirely.

A move doesn't erase a debt. Your judgment is still valid and still enforceable. What changes is the practical work of collecting a judgment when the debtor has moved: you now need to figure out where they and their assets actually are before any of Ontario's enforcement tools can do anything.

This guide walks through that process — from tracking someone down to using the right tool depending on where they've landed.

A Move Doesn't Reset the Clock

Judgments in Ontario generally remain enforceable for a meaningful period, and enforcement tools like a writ of seizure and sale can be renewed if you haven't collected within their initial term. So the fact that months (or longer) have passed since judgment, or that the debtor has relocated, does not by itself mean the debt is gone or that you've missed your window. What it does mean is that your old address, employer, and bank information for the debtor may now be useless.

Step 1: Find Out Where They Are Now

Before any enforcement step works, you need current, accurate information:

• Current address — check public records, mutual contacts, social media, or professional directories.
• Current employer — needed for wage garnishment.
• Current bank — needed for account garnishment.
• Other assets — a vehicle, property, or a business they own or work for.

If you genuinely cannot find this information on your own, Ontario's enforcement process includes a tool for exactly this problem: bringing the judgment debtor to court, under oath, to answer questions about their income, employment, and assets. This is often the most efficient way to locate someone who has gone quiet since judgment.

Step 2: Enforcing When They've Moved Within Ontario

This is the most common scenario, and it's the most straightforward to act on:

• A writ of seizure and sale must be filed with the sheriff for the county where the debtor now has property — not the county where they used to live. If they've moved to a new county, you generally need to arrange for the writ to be directed to the sheriff there.
• Garnishment of wages or a bank account requires the new employer's or bank's name and address; the notice of garnishment is served on that third party, not the debtor.
• Ontario law shields a portion of a person's wages from garnishment for ordinary debts, so even a successful wage garnishment won't capture the debtor's entire paycheque.

The sheriff does not go looking for a debtor's assets on its own initiative — you (or your lawyer) need to point enforcement in the right direction with current, specific information.

Step 3: Enforcing When They've Moved to Another Province

An Ontario judgment does not automatically operate as a judgment in another province. Collecting against a debtor who has relocated elsewhere in Canada generally involves an extra registration or recognition step before that province's enforcement tools become available to you. The details vary by province, and this is a good point to get advice from a lawyer rather than guess at the process.

Step 4: Enforcing When They've Left Canada

Cross-border enforcement is significantly more complex, and the practical odds of collecting drop the further away — and the more different the legal system — a debtor has gone. Depending on the country, you may need to start a fresh recognition process there, often with the help of local counsel. Before spending money chasing a debtor abroad, it's worth honestly weighing the cost of that effort against the realistic likelihood of recovery.

If You Still Can't Find Them

Some debtors are genuinely difficult to trace. In that situation:

• [ ] Ask mutual contacts, former coworkers, or family (carefully — avoid anything that could be seen as harassment).
• [ ] Check any recent public filings, business registrations, or professional licences in their name.
• [ ] Consider whether an examination of the judgment debtor is realistic if you can at least locate them to serve the notice.
• [ ] Remember that "can't find them today" is not the same as "can never collect" — judgments can generally be renewed, preserving your right to enforce later if their circumstances change.

Frequently asked questions