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Winning was half of it. Here is how you actually get paid.

The court does not collect for you. A judgment entitles you to use enforcement tools: a writ registered against land, a garnishment of a bank account or wages, an examination that forces the debtor to disclose what they own. Which tool works depends entirely on what the debtor actually has.

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Find out what the debtor has before you spend money

The single most useful step is an examination in aid of execution. The debtor attends under oath and answers questions about income, assets, bank accounts, real property, debts owed to them, and any transfers of property they have made. They can be required to bring documents. In Small Claims Court the equivalent is an examination hearing before a judge or deputy judge.

You can generally examine a debtor once a year without needing the court's permission, and with permission you can examine other people who have information about the debtor's assets — including a spouse, a business partner or a bookkeeper.

Non-attendance has teeth. A debtor who ignores a properly served examination can face a contempt motion, and in Small Claims Court a judge can order their arrest to compel attendance. In practice the threat is often enough to produce either the information or a payment proposal.

Be honest about the arithmetic before you go further. Enforcement costs are recoverable on paper, but only if there is money to recover. Chasing a debtor with no assets, no employment and no property simply converts your judgment into a larger loss.

The three tools that do most of the work

A writ of seizure and sale is filed with the sheriff in every county where the debtor might own land. It binds the debtor's interest in land in that county, which in practice means the judgment usually has to be paid out when the property is sold or refinanced. The sheriff can also seize and sell personal property, though the Execution Act protects certain items and a value of tools, a vehicle and household goods from seizure.

Garnishment is a court-issued notice served on anyone who owes the debtor money — a bank, an employer, a customer, a tenant. The garnishee pays the court instead of the debtor. Wages get partial protection under the Wages Act, which limits ordinary wage garnishment to a set share of net pay and allows a much larger share for support orders. Bank accounts do not get that protection.

Beyond those, the court can appoint a receiver over an income stream or a business, issue a writ of delivery for specific property, and in some cases order the sale of land. These are heavier and more expensive tools, worth it only where the value is clearly there.

Timing, interest, and the things that stop you

Postjudgment interest runs on the judgment under the Courts of Justice Act at a rate set quarterly, so a debt left sitting does not stand still. There is generally no limitation period on a proceeding to enforce a court order, but there is a practical cut-off: where six or more years have passed since the judgment, you need leave of the court before a writ will issue, and writs already filed have to be renewed to stay on title.

Some things simply stop enforcement. A bankruptcy or a consumer proposal imposes a stay and most ordinary judgment debts are released at discharge — support and debts obtained by fraud are among the exceptions. Secured creditors rank ahead of you on the assets they hold security over. A corporate debtor that has quietly moved its assets may require an oppression or fraudulent conveyance claim before there is anything left to seize.

Judgments from outside Ontario are a separate exercise. Depending on where the judgment came from, you either register it under reciprocal enforcement legislation or bring a fresh action on the judgment here.

Small Claims Court judgments

The same tools exist in Small Claims Court, on the court's own forms: writs of seizure and sale of land and of personal property, notices of garnishment, and examination hearings. The court will not enforce on its own initiative — you must file each step yourself.

The monetary jurisdiction rose to $50,000 on 1 October 2025, and the maximum costs award rose alongside it. That makes Small Claims a realistic venue for many commercial debts, but it does not make the collection any easier. The debtor's assets, not the court you chose, decide whether you get paid.

How it works

  1. Make sure the order has been formally issued and entered. You cannot enforce a judgment that has not been issued.
  2. Examine the debtor under oath about income, assets, property and any transfers they have made.
  3. File a writ of seizure and sale with the sheriff in every county where the debtor might own land.
  4. Garnish the bank or the employer once you can name the payer.
  5. Reassess after every step. Stop when the cost of the next step exceeds what it can realistically recover.
  6. Renew the writ before it lapses, and watch the six-year mark after which leave of the court is required.

Common questions

The debtor says they have no money. Is that the end?

Not necessarily. "No money" often means no cash today, not no assets. Examine them under oath first. A writ filed against land can sit for years and get paid when the property changes hands, long after the debtor stopped answering your letters.

Can I garnish someone's wages?

Yes, but only in part. The Wages Act caps ordinary wage garnishment at a share of net pay and allows a substantially larger share for support orders. The court can vary the amount on a motion. Bank accounts, by contrast, can be garnished without that cap.

Can I force the sale of their house?

A writ binds their interest in land, and forcing a sheriff's sale is possible, but it is slow and often uneconomic once mortgages and other writs are counted. Most writs get paid on a refinance or a sale rather than through a forced sale.

How long does a judgment last?

There is generally no limitation period on enforcing a court order, and interest keeps accruing. Practically, though, a writ needs renewing, and once six years have passed since judgment you need the court's leave before a writ will issue.

The debtor went bankrupt. What now?

Enforcement is stayed and most ordinary judgment debts are released on discharge. Some survive — support obligations and debts obtained by fraud or misrepresentation among them. File a proof of claim with the trustee and get advice on whether your debt is in an exempt category.

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