How to Collect a Small Claims Judgment in PEI

Winning a small claims judgment in PEI is only half the battle. If the defendant does not pay voluntarily, you have to enforce the judgment yourself — the court does not collect the money for you.

Start with a Demand

After the judge enters judgment, if the defendant does not pay voluntarily, send a written demand restating the judgment amount, the date it was entered, and a clear request for payment. The court does not collect the money for you; if payment does not arrive, you must start enforcement under Rule 20.

Garnishment Orders

A garnishment order redirects money owed to the defendant to you instead. Two common targets:

• Wages: The employer is ordered to withhold a portion of the defendant's pay and send it to you. There are limits on how much can be garnished from wages — a portion of earnings is exempt to cover basic living expenses.
• Bank accounts: The financial institution freezes the defendant's account up to the judgment amount and pays the funds to you. This works best when you know where the defendant banks.

To get a garnishment order, you file the appropriate application with the court. You need to identify the source — the employer's name and address, or the bank and branch.

Execution Against Property

Under Rule 20, you can seek an execution order directing the Sheriff to seize and sell non-exempt personal property or real estate owned by the defendant. Certain assets are exempt from seizure under PEI law.

Post-Judgment Interest

Interest continues to accrue after judgment. The rate is set by the Prothonotary and adds to the total the defendant owes. Every month they delay payment, the amount grows. Make sure your collection efforts reference both the principal judgment and accrued post-judgment interest.

The 10-Year Enforcement Window

Under PEI's Statute of Limitations, you have 10 years to enforce a court judgment. That is a long window, but it is not unlimited. If the defendant is currently judgment-proof (no income, no assets), you can wait and enforce later when their circumstances change — as long as you act within the 10-year period.

When the Defendant Has Nothing

Some defendants genuinely cannot pay. They have no wages to garnish, no bank account with funds, and no property to seize. In these cases, the judgment sits on file. You can attempt enforcement periodically as the defendant's situation changes. The 10-year window gives you time.

Examination in Aid of Execution

If you do not know what the defendant owns or earns, you can apply for an examination in aid of execution. The defendant is ordered to appear and answer questions under oath about their income, bank accounts, property, and other assets. This information tells you which enforcement tool to use.

The PEI Small Claims Filing Guide includes an enforcement tracker and a step-by-step walkthrough of each collection method.

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