You’ve Won in Small Claims Court — Now What?

Judgment Enforcement Options in Ontario

Winning a Small Claims Court case in Ontario is a significant milestone — but for many successful plaintiffs, the real challenge begins after judgment is awarded. A court judgment does not automatically mean you will receive payment. If the defendant does not voluntarily pay, you may need to take additional steps to enforce the judgment.

Below is an overview of the main judgment enforcement options available in Ontario Small

Claims Court, and what each option involves.

Give the Debtor an Opportunity to Pay

Before starting enforcement proceedings, it is often practical to send a written demand for

payment. This can sometimes resolve the matter without further court involvement and may be helpful if enforcement costs are later questioned.

If payment is not forthcoming, you may proceed with formal enforcement options.

Examination Hearing: Getting Information About the Debtor

An Examination Hearing allows the judgment creditor to question the debtor (or a representative of a corporate debtor) under oath about their financial situation.

This process can reveal:

• Employment details
• Bank accounts
• Assets such as vehicles or real property
• Other debts and obligations

The information obtained can help determine which enforcement method is most likely to be successful.

Failure to attend an Examination Hearing can result in serious consequences for the debtor, including a contempt finding.

Garnishment: Collecting From Wages or Bank Accounts

A Notice of Garnishment allows you to collect money directly from:

• The debtor’s employer (wages), or
• The debtor’s bank account

In Ontario:

• Up to 20% of a debtor’s net wages may generally be garnished
• Certain income, such as social assistance, may be exempt

Garnishment is often one of the most effective enforcement tools, particularly when the debtor is employed or has funds in a known bank account.

Writ of Seizure and Sale: Targeting Property or Land

A Writ of Seizure and Sale allows enforcement against:

• Personal property (such as vehicles), or
• Real property (land) owned by the debtor

Once filed with the appropriate sheriff’s office or land registry office, the writ can:

• Prevent the debtor from selling or refinancing property without addressing the judgment
• Lead to seizure and sale in some circumstances

This option is commonly used when the debtor owns real estate or other assets, even if an immediate sale is unlikely.

Payment Hearings and Default Consequences

If the court has ordered a payment schedule and the debtor defaults, the creditor may bring the matter back before the court. Continued non-compliance can result in further enforcement steps and, in rare cases, sanctions for contempt of court.

Time Limits: How Long Does a Judgment Last?

In Ontario, a Small Claims Court judgment is generally enforceable for six years from the date of judgment. Certain enforcement actions can renew or extend enforcement rights, making timing an important strategic consideration.

Choosing the Right Enforcement Strategy

Not every enforcement option is suitable for every case. Factors to consider include:

• Whether the debtor is employed
• Whether they own property or other assets
• The amount of the judgment
• The cost of enforcement versus likely recovery

In some cases, combining multiple enforcement tools may be the most effective approach.

How a Paralegal Can Help

Judgment enforcement can be complex, procedural, and time-sensitive. A paralegal can assist with:

• Assessing the debtor’s ability to pay
• Selecting appropriate enforcement options
• Preparing and filing enforcement documents
• Representing you at Examination Hearings

Winning your case is only half the battle — effective enforcement is what turns a judgment into actual recovery.

Need help enforcing a Small Claims Court judgment?

Professional guidance can make the difference between holding a piece of paper and collecting what you are owed.