How Long to Enforce a Judgment Ontario: Limitation Periods and Renewal
Your Judgment Does Not Expire — But Your Enforcement Tools Do
One of the most common misconceptions about Ontario Small Claims Court judgments is that they expire after a set number of years. Under the Limitations Act, 2002 (S.O. 2002, c. 24, Sched. B), a court judgment itself does not carry an overall expiration date for enforcement purposes. The judgment remains valid and the debt continues to accrue post-judgment interest under CJA s. 129 (currently 4.0% per annum) for as long as the balance is outstanding.
What does expire are the individual enforcement tools you use to collect on that judgment. Each tool has its own operational lifespan, and if you let one lapse, you lose the ability to use it — unless you renew it before it expires.
The Six-Year Rule on Garnishment
If more than six years have passed since the date of your judgment, you cannot simply file a Notice of Garnishment (Form 20E) and have the clerk issue it. Rule 20.08 of the Rules of the Small Claims Court requires you to obtain leave of the court — meaning you must bring a motion (Form 15A, $127 filing fee) asking a judge for permission to issue the garnishment.
The practical consequence: if you know the debtor has steady employment or a known bank account, act within the first six years to avoid the extra step and cost of a motion. Once leave is granted, you have one year to issue the garnishment; otherwise, the leave order ceases to have effect.
Writs of Seizure and Sale: Six-Year Lifespan, Renewable
Writs of Seizure and Sale of Personal Property (Form 20C) and Writs of Seizure and Sale of Land (Form 20D) remain active for six years from the date the clerk issues them. Before they expire, you must formally renew the writ to maintain its priority in the Sheriff's enforcement queue and — critically for land writs — to keep the registration active against the debtor's property on the Teraview/OnLand system.
A lapsed land writ is no longer in force, and a later writ would need a new issuance and registration. Calendar the renewal date the day you file the writ.
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The Enforcement Timeline in Practice
Here is what a realistic enforcement timeline looks like for a debtor who does not pay voluntarily:
| Time After Judgment | Typical Activity |
|---|---|
| Week 1–2 | Send a demand letter requesting voluntary payment |
| Week 3–6 | File Form 20H (Notice of Examination, $68) to discover the debtor's assets and income |
| Month 2–3 | Based on examination results, file Form 20E (garnishment, $144) against known bank accounts or employer, or Form 20C/20D (writ, $68 + Sheriff fees) against personal property or land |
| Month 3–12 | Monitor garnishment payments; serve additional garnishments if the debtor changes jobs or banks |
| Year 1–6 | Continue enforcement; renew writs before the six-year mark; consider further examinations if circumstances change |
| Beyond Year 6 | Obtain leave of court to issue new garnishments; renew any active writ before it expires |
The timeline stretches out when a debtor has minimal assets or unstable employment. The judgment continues to accrue interest throughout, and the debtor's financial situation can change — a future inheritance, a new job, or a real estate purchase may open enforcement opportunities that did not exist earlier.
What Resets the Clock?
A partial payment from the debtor does not restart the six-year garnishment limitation period. However, certain events can affect timing:
- Bankruptcy or consumer proposal: An insolvency filing under the Bankruptcy and Insolvency Act imposes an automatic stay on enforcement. If the debtor receives a discharge, the judgment may be extinguished depending on the type of debt.
- A new examination or contempt finding: These proceedings do not extend the writ or garnishment period, but they give you updated financial information to target new assets.
- Renewal of a writ: A timely renewal extends the writ for a further six years from its scheduled expiry date.
Do Not Assume the Debtor Will Always Be Judgment-Proof
Debtors who genuinely have no assets or income today may not stay that way. People change jobs, receive inheritances, buy property, and start businesses. A judgment that seems unenforceable at year one can become very enforceable at year four when the debtor buys a house and you have a Writ of Seizure and Sale of Land already registered on title.
The key is keeping your enforcement tools current and your interest ledger up to date so you can act quickly when the debtor's circumstances change.
Tracking Deadlines and Interest
The Enforcing an Ontario Small Claims Court Judgment guide includes a full enforcement timeline framework, an interest calculation ledger for tracking post-judgment interest across partial payments, and step-by-step renewal instructions for writs and garnishments. It covers every deadline you need to calendar — from the requirement to serve an examination notice at least 30 days before the hearing to the six-year writ renewal — so nothing lapses while you wait for the debtor's situation to change.
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