Debt Collection
Lawyer.
Recovering unpaid debts, invoices, and loans for Toronto businesses and individuals. Demand letters, negotiation, and litigation — from Small Claims Court to Superior Court.
· Reviewed by Jonathan Kleiman, J.D.
Ontario Bar
Court limit
200+ reviews
consultation
When you need a debt collection lawyer
When someone owes you money and refuses to pay, the situation rarely resolves itself. Whether it is an unpaid invoice, an outstanding loan, a bounced cheque, a breach of payment terms, or a personal guarantee that was never honoured — a Toronto debt collection lawyer can help you recover what you are owed through a structured, legally enforceable process.
Jonathan Kleiman helps Toronto businesses and individuals collect debts through demand letters, negotiation, and litigation in both the Ontario Small Claims Court and the Superior Court of Justice. When a judgment is obtained, Jonathan pursues enforcement aggressively — garnishing wages and bank accounts, seizing assets, and examining debtors under oath.
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The debt collection process
Collecting a debt in Ontario follows a predictable path. Each stage is designed to give the debtor an opportunity to pay before the matter escalates further. Jonathan manages every step:
Demand letter
A formal written demand sets a clear deadline for payment and warns of legal consequences. Many debts are resolved at this stage. Learn how demand letters work, or draft one now with our free Demand Letter Generator.
Negotiation
If the debtor responds but cannot pay the full amount immediately, Jonathan negotiates payment plans and settlement terms to recover the maximum amount. See our guide on how to respond to a demand letter for the debtor's perspective.
Court action
For debts up to $50,000, Jonathan files in Small Claims Court at the correct filing office — faster and less expensive. For larger amounts, the claim is filed in Superior Court.
Enforcement
After judgment, Jonathan enforces it through garnishment, writs of seizure and sale, and examination in aid of execution to identify the debtor's assets.
After judgment — enforcement
Winning a judgment is only half the battle. If the debtor still refuses to pay, Jonathan pursues enforcement remedies available under Ontario law:
- Garnishment of wages and bank accounts — the court orders the debtor's employer or bank to redirect funds directly to you
- Examination in aid of execution — the debtor is examined under oath to reveal assets, income, and property that can be seized
- Writs of seizure and sale — the sheriff seizes and sells the debtor's personal property to satisfy the judgment
- Construction liens — for debts arising from construction or renovation work, a lien can be registered against the property
Jonathan builds the enforcement strategy into the case from the beginning — there is no point winning a judgment you cannot collect on. Each enforcement step carries its own court fee ($144 per garnishment, $68 per writ) — see the Small Claims Court filing fee calculator for the full schedule.
The limitation period — act quickly
Under Ontario's Limitations Act, 2002, you have 2 years from when the debt became due (or from when you discovered the default) to file a claim. After the limitation period expires, the defendant may have a complete limitations defence and your claim may be dismissed.
Partial payments, written acknowledgments of the debt, and other factors can affect the limitation period — the Ontario Limitation Period Calculator estimates your presumptive filing deadline, including acknowledgment and partial-payment resets. Jonathan advises clients to act quickly — the longer you wait, the harder it becomes to collect, and the greater the risk that the debtor dissipates assets.
Already dealing with a specific unpaid invoice or loan? See suing for unpaid invoices and loans. Want to understand the Small Claims Court process step by step? Read how to sue in Small Claims Court in Ontario.
Business debt vs personal debt
The approach to debt collection depends on who owes the money and the nature of the obligation:
Business debt collection
When a business owes you money — whether for unpaid invoices, outstanding accounts receivable, or breach of a commercial agreement — the collection process focuses on the business entity and its assets. If the business is incorporated, recovery is typically limited to corporate assets unless a personal guarantee was signed or the corporate veil can be pierced. When a debtor contests the claim, recovering the debt may require commercial litigation proceedings in the Ontario courts. Jonathan handles business disputes and commercial debt recovery throughout Toronto.
Personal debt collection
When an individual owes you money — whether from a personal loan, a promissory note, or a private agreement — enforcement tools include garnishing the debtor's wages and personal bank accounts, and seizing personal property. Jonathan assesses the debtor's ability to pay before recommending litigation, so you do not spend money pursuing a judgment that cannot be enforced.
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Debt collection services
Jonathan Kleiman provides the following debt collection services for Toronto businesses and individuals:
Demand letters
Formal written demands for payment of unpaid debts, setting deadlines and outlining legal consequences if the debtor fails to pay.
Small Claims Court
Filing and prosecuting claims for debts up to $50,000. Faster, less expensive, and designed for straightforward debt recovery.
Superior Court litigation
For debts exceeding $50,000. Full litigation including examinations for discovery, motions, and trial representation.
Judgment enforcement
Garnishment of wages and bank accounts, writs of seizure and sale, and examination in aid of execution to collect on judgments.
Defence against debt claims
If you have been sued for a debt you dispute, Jonathan defends your position and negotiates to minimize your exposure.
Negotiation and settlement
Structured negotiation and settlement of outstanding debts — often resolving the matter without the need for court.
Why Toronto clients choose Jonathan Kleiman
Jonathan earned his B.A. (with distinction) at McGill University and his J.D. at Queen's University. He has been a member of the Law Society of Ontario since 2011 and has helped hundreds of Toronto clients recover money owed to them.
Your debt collection lawyer should be someone who returns calls the same day, explains the process in plain language, and fights for every dollar you are owed. Jonathan also handles related matters including contract disputes and breach of contract claims.
Talk to a debt collection lawyer in Toronto today
Whether you are owed money by a business or an individual — the first step is the same. Tell Jonathan your story, and get a clear, honest assessment of your options for recovery.
Call 416-554-1639 or book a free consultation.
FAQs.
Common questions about debt collection in Ontario.
01 How do I collect an unpaid debt in Ontario?
Start with a formal demand letter setting a deadline for payment. If the debtor does not pay, file a claim in Small Claims Court (for debts up to $50,000) or Superior Court (for larger amounts).
After obtaining a judgment, enforce it through garnishment, seizure, or examination in aid of execution.
02 How long do I have to collect a debt in Ontario?
The limitation period is 2 years from when the debt became due or from when you discovered the default.
After 2 years, the claim is statute-barred under Ontario's Limitations Act, 2002. Act quickly to preserve your right to sue.
03 Can I recover my legal costs?
In Small Claims Court, the court may award up to 15% of the claim for legal costs. In Superior Court, costs are more substantial and typically follow the result.
Jonathan builds the cost recovery claim into every case. Estimate what a win would recover with the cost award calculator.
04 What if the debtor cannot pay?
A judgment is only as good as the debtor's ability to pay. Before suing, consider whether the debtor has assets.
After judgment, enforcement tools include garnishing wages and bank accounts, seizing property, and examining the debtor under oath to identify hidden assets.
05 How much does it cost to collect a debt?
Jonathan offers demand letters and Small Claims Court representation at flat fees. The cost depends on the amount of the debt and the complexity of the matter.
The initial 30-minute consultation is free.
Owed money?
Jonathan Kleiman helps Toronto businesses and individuals recover unpaid debts. Demand letters, Small Claims Court, judgment enforcement. Free 30-minute consultation.