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Ontario|Small Claims CourtEnforcing a Judgment 562 Collecting a judgment Even though there is a judgment that says the debtor owes you money, it may be hard to get the debtor to pay you. If the debtor does not pay you, it is up to you to take steps to collect the money. The staff at the court can provide information and forms to assist you in collecting the money. If you do not want to collect the money on your own, you may hire a private collection company, a lawyer or a para-legal agent to do it for you. However, before you spend time and money trying to collect on a judgment, you should determine if the debtor has assets and is likely to pay.
To collect the debt by enforcing the judgment, you will need to know about the debtor's finances. This includes where the debtor works, where the debtor has bank accounts, if the debtor is owed money by tenants, what personal property the debtor owns, and if the debtor owns land.
- If you don't have debtor's financial information
If you do not know financial information about the debtor, you can request a special meeting called a Judgment Debtor Examination where you are allowed to ask the debtor questions about his or her finances. You must request a Judgment Debtor Examination through the court.
Since it may take months to arrange a Judgment Debtor Examination, you may want to negotiate with the debtor about entering into a settlement agreement and possibly settle for less money but get paid right away.
- Enforcing a judgment if you have financial information about the debtor
Generally, there are three ways to enforce a judgment through the court. First, the court can help you with garnishment by collecting money from a person who owes money to the debtor, such as an employer or a tenant. Second, the court can help you have the debtor's personal property sold and collect the money that is received from the sale of the property. This is called Seizure and Sale of Debtor's Personal Property. Third, the court can help you collect your judgment by selling or putting a lien on the debtor's land.
Sometimes, a judgment says that the defendant has to return the plaintiff's personal property. If the defendant does not return the property, the plaintiff can ask the court for permission to take the property back. This is called a Writ of Delivery.
For additional information about the steps required to enforce a judgment, refer to other sections of Legal Line . If you are unsure whether it is worth the time and expense of collecting a debt on your own, you may want to consult a lawyer or a private collection agency.
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