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Ontario|Small Claims CourtGarnishment 569 Seizure & sale of debtor's personal property If there is a court judgment that says you are owed money, and the debtor refuses to pay, you may be able to recover the debt by selling the debtor's personal property. Examples of property that can be sold are cars, government bonds, some equipment, furniture, or jewelry. However, not all property can be sold to collect a debt. This may include clothing, beds, stoves or fridges, or other necessities.
To collect a debt by having a debtor's property sold, you will need to obtain a Writ of Seizure and Sale of Personal Property, which is a form stamped and signed by the clerk of the court and sent to a bailiff. There is a $35.00 fee for this.
- Obtaining a Writ of Seizure and Sale
To obtain a Writ of Seizure and Sale of Personal Property, you will need to swear an Affidavit stating how much money is still owed and asking that a Writ of Seizure and Sale be issued. A Writ of Seizure and Sale of Personal Property only lasts for 6 months. If property has not been seized and sold within that time, you will need to request that the Writ of Seizure and Sale be renewed before the first writ expires.
If you are unsure about how to have a debtor's property sold, the staff at the court office may provide you with information and forms. For legal advice or assistance, contact a lawyer.
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