When they won't pay:
enforcing your judgment.

By Jonathan Kleiman, Barrister & Solicitor · Published June 2026

A judgment is not a cheque. It is a court's formal finding that the defendant owes you money — and nothing more happens automatically. As Ontario's own guide to after-judgment procedures puts it, a judgment is not a guarantee of payment; collecting on it is up to you. Many people win in Small Claims Court, assume the money will follow, and then discover the hardest part is still ahead. This guide explains how enforcement actually works in Ontario, in the order an experienced creditor tends to use it.

First, understand what you're holding

A judgment does not expire on a short clock. In Ontario there is no limitation period for a proceeding to enforce a court order, so a money judgment can be pursued for years, not months. What does run on a six-year cycle are the enforcement tools themselves: a writ of seizure and sale and a notice of garnishment are each valid for six years and renewable for further six-year periods. You can issue them as of right within six years of the judgment; once the judgment is more than six years old, you generally need a court order — a motion — to issue or renew them. So you are not racing a deadline, but you do have to keep your enforcement steps current.

The debt also keeps growing while it sits unpaid: post-judgment interest accrues automatically at the rate set under the Courts of Justice Act, with no separate order required. You can see exactly how much has built up with the post-judgment interest calculator, and that interest is part of what you ultimately collect. Reasonable enforcement costs — court and enforcement-office fees — are generally added on top as well, so the amount you can recover usually exceeds the bare judgment.

Step one: find out what the debtor has (the examination)

You cannot garnish a bank account you cannot name or seize a car you cannot find. The most important first move is almost always a debtor examination — a hearing where the debtor answers, under oath, about their income, employer, bank accounts, and assets. You start it by filing a Notice of Examination (Form 20H) together with an Affidavit for Enforcement Request (Form 20P), serving the debtor at least 30 days before the hearing, and — if the debtor is an individual — serving a Financial Information Form (Form 20I) for them to complete. File your affidavit of service at least three days before the date.

At the examination the judge can order a periodic payment schedule, and if the debtor refuses to answer or to produce documents, the court can order a contempt hearing. Even when it does not produce an immediate payment, the examination tells you which of the tools below is actually worth using — which is why skipping it usually wastes money.

Garnishment: reaching wages and bank accounts

Garnishment is the workhorse of enforcement. A Notice of Garnishment (Form 20E), filed with an Affidavit for Enforcement Request (Form 20P), orders a third party who owes the debtor money — an employer or a bank — to pay that money into court instead. You serve the garnishee with the notice and a Garnishee's Statement (Form 20F), and within five days you serve a copy on the debtor. The clerk holds the first payment for 30 days, then distributes what comes in among the creditors who have filed garnishments against that debtor at that court.

The limits matter. Under the Wages Act, 80% of wages are exempt, so a creditor can generally garnish up to 20% of net wages; for the enforcement of a support or maintenance order the exemption drops to 50%. A judge can raise or lower the exempt percentage based on the circumstances. Some income cannot be touched at all — employment insurance, social assistance, and most government pension payments (such as CPP and OAS) are exempt, even after they are deposited. A bank account, by contrast, is not protected by the wage exemption, so the funds in it can be reached — subject to a co-owner's share on a joint account, where you also serve a Notice to Co-owner of Debt (Form 20G) and up to 50% of the jointly owned debt is reachable. Garnishments expire and are renewed with a Notice of Renewal (Form 20E.1); when the debt is fully paid, you file a Notice of Termination of Garnishment (Form 20R).

Writ of seizure and sale of personal property

A Writ of Seizure and Sale of Personal Property (Form 20C) directs an enforcement office to seize the debtor's goods — a vehicle, equipment, inventory — and sell them at auction, with the proceeds paid into court. You file the writ with the court, then file it with the enforcement office along with a Direction to Enforce Writ (Form 20O) identifying where the property is, and pay the enforcement fee plus a deposit for anticipated costs. The debtor keeps certain exempt property (basic clothing and household goods, tools of their trade up to a set value, and one motor vehicle under a set value), and the enforcement office can decline to act where the cost of seizing exceeds the debtor's equity in the goods. For vehicles, you generally have to supply Personal Property Security Act and lien searches first.

Writ of seizure and sale of land

A Writ of Seizure and Sale of Land (Form 20D), filed with the enforcement office in the county or district where the property sits, encumbers the debtor's real estate. You cannot take any step toward a sale until four months after the writ is filed, and no sale can take place until six months after filing. In practice the writ's real power is as leverage: it has to be paid out before the debtor can sell or refinance, so it often produces payment without a forced sale. A forced sale is costly, reaches only the debtor's equity after mortgages and prior writs, and may be shared with other creditors — so it is a heavy tool, best used deliberately. Against a debtor who owns a home, though, a registered writ is one of the most effective things you can do.

Writ of delivery: getting specific property back

Where your judgment is for the return of a specific item of personal property rather than money, a Writ of Delivery (Form 20B) directs an enforcement officer to retrieve that property and return it to you. You provide a description, serial numbers, photographs, and the location, and the officer executes the seizure on a scheduled date. If the item cannot be found, you can move to seize other property of the debtor in its place.

When the debtor is in another court area or province

Enforcement happens where the debtor and their assets are. If the debtor lives or works in a different Ontario court area than the one that issued your judgment, you request a Certificate of Judgment (Form 20A) from the originating court and file it in the new jurisdiction before you garnish or examine there. If the debtor has left Ontario for another Canadian province or territory, you enforce under reciprocal-enforcement legislation — which covers most provinces, though not Quebec — and this generally requires a motion (Form 15A) for permission first. These steps add time, but they keep a judgment alive against a debtor who has moved on.

The collectability question — be honest early

Here is the part most people skip: a judgment is only worth what you can collect. Against a debtor with a steady job, a bank account, or real property, the tools above have real teeth. Against someone with no income and no seizable assets — "judgment-proof" — even a clear win can be uncollectable, and pouring fees into enforcement throws good money after bad. Before you escalate, weigh what the examination revealed against the cost of the next step. Sometimes a structured payment plan, a focused debt collection effort, or patience while the debtor's situation improves recovers more than an aggressive seizure ever would. We cover this trade-off in more depth in is Small Claims Court worth it.

A realistic enforcement strategy

Put together, the tools tend to work best in this order:

1. Examine first. Find out what the debtor earns, where they bank, and what they own before spending on enforcement.
2. Garnish the obvious. If the examination reveals an employer or a bank account, a garnishment is fast and low-cost.
3. Register against assets. A writ of seizure and sale — especially against land — is powerful leverage on a debtor with equity, even if you never force a sale.
4. Follow the debtor. Use a certificate of judgment or reciprocal enforcement if they have moved.
5. Keep it alive. Renew writs and garnishments before they expire, and let post-judgment interest keep working while you wait.

You do not have to pick just one — a garnishment against wages and a writ against land can run at the same time — but spending in the right order, guided by what the examination shows, is what separates a collected judgment from an expensive piece of paper.

Key takeaways

• The court won't collect for you. There is no limitation period to enforce a judgment, but the tools you use — writs and garnishments — are valid for six years and must be renewed to stay in force.
• Examine before you enforce. The debtor examination (Form 20H / 20I) tells you which tool is worth using.
• Garnishment reaches wages (up to 20%) and bank accounts. It is usually the fastest route to money.
• Writs encumber goods and land. A writ against a homeowner's property is strong leverage even without a forced sale.
• Collectability is everything. Be honest about whether the debtor can actually pay before you spend on enforcement — and remember interest and costs grow what you recover.

Frequently asked questions

I won in Small Claims Court but the defendant will not pay — what can I do?

A judgment is not a payment; it is a court order that money is owed, and enforcing it is your job. In Ontario you can examine the debtor to find their income and assets, then garnish their wages or bank account, register a writ of seizure and sale against their goods or land, or (for property) obtain a writ of delivery. Most successful collections start with an examination to find out what the debtor actually has.

How long do I have to enforce a Small Claims Court judgment in Ontario?

There is no limitation period for enforcing a court order in Ontario, so a money judgment can be pursued for years rather than months. The enforcement tools, however, run on a six-year cycle: a writ of seizure and sale and a notice of garnishment are each valid for six years and renewable for further six-year periods. You can issue them as of right within six years of the judgment, and once the judgment is more than six years old you generally need a court order to issue or renew them. Post-judgment interest accrues the entire time, so the debt keeps growing while it goes unpaid.

How do I find out where the debtor works or banks?

You request a debtor examination. You file a Notice of Examination (Form 20H) with an Affidavit for Enforcement Request (Form 20P), serve it on the debtor at least 30 days before the hearing, and — if the debtor is an individual — serve a Financial Information Form (Form 20I). At the hearing the debtor answers under oath about their income, bank accounts, employer, and assets. This is usually the smartest first step, because garnishment and seizure only work if you know what to aim at.

How much can a creditor garnish from wages in Ontario?

Under the Wages Act, 80% of wages are exempt from garnishment, so a creditor can generally garnish up to 20% of net wages. For the enforcement of a support or maintenance order the exemption drops to 50%, so up to 50% can be garnished. A judge has discretion to raise or lower the exempt percentage based on the circumstances. Employment insurance, social assistance, and most government pension payments such as CPP and OAS cannot be garnished at all, even after they are deposited.

Can I garnish a bank account?

Yes. A Notice of Garnishment (Form 20E) can attach money a third party owes the debtor — including funds in a bank account — not just wages, and a bank account is not protected by the wage exemption. You serve the garnishment on the bank (the garnishee) and, within five days, on the debtor. If the account is jointly held, you also serve a Notice to Co-owner of Debt (Form 20G), and up to 50% of a jointly owned debt can be garnished. The bank pays the money into court, the clerk holds the first payment for 30 days, and it is then shared among the creditors who have filed garnishments at that court.

What is a writ of seizure and sale?

It is a court-issued order that lets an enforcement office seize and sell the property of the debtor to satisfy your judgment. There are two kinds: a Writ of Seizure and Sale of Personal Property (Form 20C) for goods like vehicles and equipment, and a Writ of Seizure and Sale of Land (Form 20D) for real estate. You file the writ with the court, then with the enforcement office in the area where the property is located, and pay the enforcement fees and a deposit.

Can I take a house to satisfy the judgment?

A Writ of Seizure and Sale of Land (Form 20D) registered in the enforcement office where the land is located encumbers the real property of the debtor. You cannot take any step toward a sale until four months after the writ is filed, and no sale can take place until six months after filing. In practice it usually works as leverage — the writ has to be paid out before the debtor can sell or refinance — rather than a forced sale, because a forced sale is expensive, reaches only the equity left after mortgages and prior claims, and may be shared with other creditors. It is a powerful tool against a homeowner, but rarely the first one you reach for.

What if the debtor has no job, no assets, or has left the province?

A judgment is only as good as your ability to collect it. If the debtor is genuinely "judgment-proof" — no income, no seizable assets — even a clear win can be hard to enforce, and a payment plan or patience may recover more than fees spent chasing nothing. If the debtor has moved to a different Ontario court area, you obtain a Certificate of Judgment (Form 20A) to enforce there. If they have left for another province, you enforce under reciprocal-enforcement legislation, which covers most provinces (Quebec is the exception and requires a separate action) and generally requires a motion (Form 15A) first.

Does interest keep adding up after judgment?

Yes. Post-judgment interest accrues automatically on the amount owing under the judgment until it is paid, as simple interest at the rate set under the Courts of Justice Act. You do not need a separate order. You can work out exactly how much has accumulated with our post-judgment interest calculator, and that interest is part of what you collect.

Can I add my enforcement costs to what they owe?

Generally yes. Reasonable enforcement costs — court issuance fees, enforcement-office fees, and certain disbursements — are added to the amount the debtor owes, on top of the judgment and accruing post-judgment interest. You claim them through the Affidavit for Enforcement Request (Form 20P) when you issue each step. Keep your receipts; you recover them out of what is collected.

What if the company that owes me has been dissolved or is bankrupt?

These are two different problems. If the corporate debtor has filed for bankruptcy or is under a proposal, an automatic stay usually pauses your enforcement, and you prove your claim through the trustee instead. If the corporation was simply dissolved, the debt does not always disappear — in some cases the corporation can be revived, or a director may be personally liable for specific obligations. Both situations are technical and fact-specific, so get advice before you spend money enforcing.

Should I hire a lawyer to enforce a judgment?

You can enforce a judgment yourself, but examinations, contested garnishments, writs against land, and collections against a corporate or evasive debtor are where experienced help pays for itself — these are exactly the steps where the right move, and the right order of moves, determines whether you actually get paid. For a larger judgment, or a debtor who is hiding assets, a short consultation usually saves more than it costs.

Talk to a Toronto judgment-enforcement lawyer

If you have a judgment the other side is ignoring, a short conversation can map the fastest realistic route to getting paid — and tell you honestly when it is not worth chasing. Call 416-554-1639 or book a free consultation.