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Using What You Learn at an Examination to Actually Collect a Judgment in Ontario

The examination is done and you know where the debtor's money is. Here's how Ontario creditors turn that information into garnishment, seizure, or a plan.

Litigation6 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-07
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Key takeaways
  • An examination tells you where to point Ontario's enforcement tools.
  • More than one tool can often be used at the same time — garnishing wages while also pursuing a writ against property, for example — depending on what the examination turned up.
  • Pull together a clear list of confirmed assets, account details, employer information, and property addresses from the examination.

Getting through a judgment debtor examination feels like progress — you finally know where the debtor works, banks, or holds property. But an examination transcript full of useful answers doesn't collect anything on its own. The real work is matching what you learned to the right enforcement tool, and then actually following through with the sheriff or the court.

This guide walks through what typically comes next once the information is in hand.

The Information Is a Map, Not the Destination

An examination tells you where to point Ontario's enforcement tools. It doesn't do the enforcing for you — the court and the sheriff don't monitor a debtor's finances on their own initiative. A creditor has to take the next active step for each asset or income source uncovered.

Matching What You Found to the Right Tool

What the examination revealedLikely next enforcement step
The debtor has a job and a regular paychequeGarnishment of wages, subject to the portion of wages the law protects from seizure
The debtor holds a bank accountGarnishment directed at the bank, targeting funds on deposit
The debtor owns real propertyA writ of seizure and sale filed with the sheriff for the county where the property is located
The debtor owns vehicles, equipment, or other valuable personal propertyA writ of seizure and sale directed at personal property
A third party owes the debtor money (a customer, a tenant, a business debtor)Garnishment of that third-party debt
The debtor appears to have transferred or hidden assets to avoid payingSeparate legal advice — Ontario law has distinct tools to challenge transfers made to defeat a creditor, apart from ordinary enforcement

More than one tool can often be used at the same time — garnishing wages while also pursuing a writ against property, for example — depending on what the examination turned up.

Step by Step: From Information to Collection

  1. Organize what you learned. Pull together a clear list of confirmed assets, account details, employer information, and property addresses from the examination.
  2. Prioritize by reliability and value. A confirmed, stable paycheque or bank account is often more useful than a property with unclear ownership or heavy existing debt against it.
  3. File the right enforcement document for each target. Garnishment and a writ of seizure and sale are separate processes with their own paperwork — the right one depends on the asset.
  4. Deliver a writ to the correct sheriff's office. A writ of seizure and sale only becomes active once it's filed with the sheriff for the county where the debtor's property is located — the sheriff will not act without it, and does not go looking for assets independently.
  5. Track validity periods. A writ of seizure and sale doesn't last forever — it's valid for a set number of years from issue and can be renewed, so keep track of the timeline rather than assuming it stays active indefinitely.
  6. Follow up. Garnishment and seizure don't always resolve a debt in one step; if partial recovery leaves a balance, you may need to return to the same tools, or a fresh examination, later.

A Note on Wages

If the examination revealed employment income, garnishment is often the most direct route — but Ontario law does not let a creditor take an entire paycheque. A meaningful portion of ordinary wages is protected from garnishment for standard debts (as of mid-2026 — the exact protected share can change, so verify the current figure before relying on it), which affects how much a creditor can realistically expect to recover per pay period. Support and maintenance orders are enforced under a different set of rules entirely, so they shouldn't be assumed to work the same way.

When the Picture Looks Discouraging

Sometimes an examination reveals a debtor with genuinely little to collect from — no significant property, modest or no income, nothing obviously worth pursuing. That doesn't necessarily mean the debt is gone forever. A judgment generally remains enforceable for a meaningful period and can be revisited later if the debtor's situation changes — through a new examination, once there's reason to believe their circumstances have improved.

Frequently asked questions

Can I garnish wages and a bank account from the same debtor at the same time?

Generally yes — different enforcement tools can be pursued in parallel where it makes sense, targeting different sources uncovered during the examination.

What if the debtor's only real asset is a house with a large mortgage?

A writ of seizure and sale against real property with little or no equity may not produce much, or anything, once the mortgage and sale costs are accounted for. This is a case-by-case judgment call, and sometimes the better strategy is registering the writ and waiting rather than forcing an immediate sale.

Do I need a new examination every time I want to enforce further?

Not necessarily, if you already have current, reliable information about the debtor's income and assets. A fresh examination becomes worthwhile again mainly when your existing information is outdated or the debtor's circumstances may have changed.

What if I learn the debtor transferred assets to a family member right before I sued?

That's a serious red flag worth raising with a lawyer promptly. Ontario law provides separate ways to challenge transfers made to put assets out of a creditor's reach, apart from the standard garnishment and seizure tools.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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