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Ontario|Small Claims CourtGarnishment 570 Seizure and sale of debtor's land 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 or putting a lien on the debtor's land. If you have attempted garnishment or seizure and sale of personal property, such as a vehicle, but were unsuccessful, and the debtor owns land, it may be possible to have the land sold so that the proceeds of the sale pay off the debt to you. However, the amount of a Small Claims Court judgment is normally too small to force a debtor to sell land. If you are unable to sell the debtor's land, you will have the option of putting a lien on it. Putting a lien on the debtor's land is often a good way to get the debtor to pay because your lien may discourage other lenders from extending the debtor credit. Also, when the debtor sells the land, you must be paid from the proceeds.
- Obtaining a Writ of Seizure and Sale of Land
To get the debtor's land sold, or to put a lien on it, you will need to obtain a Writ of Seizure and Sale of Land, which is a form stamped and signed by the clerk of the court, for a fee of $35.00.
To get a Writ of Seizure and Sale, you will need to swear an Affidavit stating how much money is still owed and asking that a Writ of Seizure and Sale of Land be issued to the Sheriff. You should describe the land, buildings on the land, and give the exact address.
You should also attach a copy of a land title search, which is a record of who owns the land. To do a land title search contact the Land Registry office listed in the Blue pages of your telephone book. You should also state if there are any mortgages on the land. If the debtor lives there with a spouse, give the name of the husband or wife.
If you are unsure about how to obtain a Writ of Seizure and Sale of Land or how to place a lien on the land, the staff at the court office may be able to provide you with more information and forms. For legal advice or assistance, contact a lawyer.
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