Enforcing a Judgment in Ontario Small Claims Court

The Court Won't Collect Your Money for You

Winning a judgment in Ontario Small Claims Court feels like the hard part is over. It isn't. The court issues an order saying the debtor owes you money, but the Ministry of the Attorney General does not act as a collection agency. There is no automatic payment, no government department that chases the debtor down. Every dollar you collect requires you to take enforcement action yourself.

This catches many creditors off guard. They spent months preparing their case, paid filing fees, possibly took time off work for the hearing — and now they're told the judgment is just a piece of paper until they enforce it.

Ontario gives you four main enforcement tools. Each has its own form, fee, and use case. The right strategy depends on what the debtor owns, earns, and is willing to disclose.

Step One: Find Out What the Debtor Has

Before spending money on garnishment or writs, you need to know what the debtor owns and earns. That's what the examination hearing is for.

You request Form 20H from the court clerk by filing Form 20P and paying the $68 fee. If the debtor is an individual, serve a blank Financial Information Form (Form 20I) with Form 20H. Serve the notice at least 30 days before the examination and file proof of service at least 3 days before. The debtor is ordered to appear in court (or via Zoom) to answer questions under oath about employment, bank accounts, property, and debts.

This is your single best intelligence-gathering tool. The debtor must bring supporting documents — tax returns, bank statements, pay stubs — and answer your questions honestly. If they refuse to attend, the court may order a contempt hearing; after a finding of contempt, it can impose sanctions including up to 5 days in jail.

Garnishment: Redirect the Debtor's Income to You

Once you know where the debtor works or banks, garnishment is typically the most cost-effective enforcement tool.

You file Form 20P (Affidavit for Enforcement Request) and Form 20E (Notice of Garnishment) with the court clerk. The fee is $144. The clerk issues the garnishment notice, which you serve on the garnishee — the debtor's employer or bank.

Wage garnishment takes up to 20% of the debtor's net wages (the Wages Act, section 7, exempts 80%). Net wages means gross earnings minus mandatory deductions: income tax, CPP, and EI. It's ongoing — each pay period, the employer sends the garnishable portion to the court clerk, who distributes it to you.

Bank garnishment captures whatever is in the account at the moment of service. Unlike wages, there's no automatic 80% exemption for ordinary bank balances. Joint accounts are presumed 50% garnishable, with the co-owner able to dispute that split by requesting a Garnishment Hearing.

Writs of Seizure and Sale: Target Property

If the debtor owns valuable personal property or real estate, a writ of seizure and sale directs a bailiff (personal property) or sheriff (land) to seize and sell it.

• Form 20C (personal property): $68 court fee plus a local bailiff advance deposit of $240 to $400
• Form 20D (land): $68 court fee plus a $100 sheriff filing fee for land registry registration

A land writ is particularly effective because once registered on the property title, it blocks the debtor from selling or refinancing. Even if a forced sale takes months, the registration alone often motivates payment.

But both writs are subject to statutory exemptions under the Execution Act — the debtor keeps their first $8,578 in vehicle equity, $17,091 in household goods, $17,362 in tools of trade, and $12,997 in principal residence equity.

Payment Plans and Defaults

Sometimes the debtor proposes payment terms under Rule 9.03, or the court orders periodic payments under Rule 20.02. While a periodic-payment order is in force, enforcement is paused except that a land writ may still be issued and filed with the sheriff.

After a missed payment, serve the debtor with a Notice of Default of Payment (Form 20L). For a Rule 20.02 order, it terminates 15 days after service unless the creditor files a consent (Form 13B) waiving the default. For a Rule 9.03 proposal, the creditor may file an Affidavit of Default of Payment (Form 20M) after 15 days have passed since service; the clerk may then sign judgment for the unpaid balance. Rule 20.04 concerns a Certificate of Judgment (Form 20A), not automatic acceleration.

The Recommended Order

The most cost-effective enforcement strategy in Ontario usually follows this sequence:

1. Examine first ($68) — learn what the debtor owns and earns before spending more money
2. Garnish known income ($144) — wages and bank accounts are the fastest path to recovery
3. Register a land writ ($68 + $100) — if the debtor owns property, bind it
4. Pursue personal property writs ($68 + deposit) — only if the debtor has identifiable assets above exemption thresholds

Starting with a writ before you've examined the debtor risks paying $400+ in bailiff deposits to seize assets that don't exist.

Timelines and Limitations

Ontario judgments don't expire for enforcement purposes, but the individual tools have operational lifespans. Leave of court is required to issue a new garnishment or writ if more than 6 years have passed since the judgment. An issued garnishment remains in force for 6 years from issuance and may be renewed before expiry with Form 20E.1. A writ remains in force for 6 years from issuance and may be renewed before expiry with Form 20N filed with the bailiff (personal property) or sheriff (land).

Post-judgment interest at the current rate of 4.0% per annum (Q4 2026, CJA section 129) accrues daily on the total awarded amount until the debtor pays in full. Every enforcement filing through Form 20P needs an up-to-date interest calculation.

Our Ontario judgment enforcement guide covers the complete sequence — from first examination to final closure — with the forms, fees, interest math, and debtor examination questions you need at each step.

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