Commencing Writ Procedures:

Question:How do I register a Small Claims Court judgment against a debtor’s property in Ontario using a writ of seizure and sale?

Answer:Freed Legal Services can help you register your Small Claims Court judgment against a debtor’s real or personal property in Ontario by preparing the right Writ of Seizure and Sale and the supporting court documents.   Depending on where you’re enforcing, you may need a Certificate of Judgment (Form 20A) from the court where the judgment was issued and then file it in the jurisdiction where enforcement will occur.   You also typically need an Affidavit for Enforcement Request (Form 20P) that is current and accurately reflects the outstanding balance, including any interest, as of the writ’s issuance date.   The Small Claims Court has different writs for different property (land vs. personal property), so getting the paperwork and timing right is key to properly registering and enforcing your claim.   For paralegal support in Mississauga, Burlington, and across Ontario, call (800) 716-1897.

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Registering Rights Upon Debtor Property

Creditors may make use of a Writ of Seizure and Sale as a significant mechanism that enables the registering of a financial interest upon the real property or personal property of a Debtor.  The Creditor may seek the filing of such a Writ upon real property, meaning land whether with or without structures, or upon personal property such as automobiles, implements, watercraft, or other types of property other than land.

Note: Please contact Freed Legal Services by phone at: (800) 716-1897 to discuss any specific questions that you may have.

Starting the Process

Where an enforcement procedure is being initiated within a jurisdiction that is other than the jurisdiction within which the Judgment of the Small Claims Court was issued, the opening of an enforcement file within the Small Claims Court within the jurisdiction where the Judgment will be enforced is required.  Doing so requires the issuing of a Certificate of Judgment (Form 20A) from the Small Claims Court where the Judgment was granted and filing of the Certificate of Judgment (Form 20A) where the Judgment will be enforced.  Furthermore, as with the initiation of almost every enforcement process, when initiating almost every Writ process, the Creditor must prepare and file an Affidavit for Enforcement Request (Form 20P), which outlines the details of the Judgment and confirms the outstanding amount owed.  The Affidavit for Enforcement Request (Form 20P) must be current, meaning that the sums shown as owing are accurate, including all interest calculations, to the date of issuance of the relevant Writ.

Types of Writs

The Small Claims Court offers three primary Writ processes to enforce judgments.  Understanding the various Writ processes is essential for effective enforcement of Judgement.  Each Writ serves a unique purpose due to a failure for voluntarily compliance with a court Judgment.

Conclusion

Enforcing a Judgment via the use of writs - such as a Writ of Delivery (Form 20B), a Writ of Seizure and Sale of Personal Property (Form 20C), or a Writ of Seizure and Sale of Land (Form 20D), is a complex but essential aspect of the remedies available within the Small Claims Court system.  Proper preparation, diligent adherence to procedural requirements, and timely renewal, are all critical for the ensuring successful enforcement of a Judgment.