How to Enforce a Nunavut Small Claims Judgment: Garnishment, Seizure, and Collection

Winning a small claims judgment in Nunavut puts a court order in your hands — but the court does not collect the money for you. If the debtor ignores the judgment, the work of getting paid falls on you. Here is how enforcement works through the Nunavut Sheriff's Office.

Step 1: Get Your Certificate of Judgment

After a trial decision, the Clerk prepares a Certificate of Judgment (Form 11A). For a fixed-sum default judgment, the Clerk prepares a Certificate of Judgment (Default) (Form 11B). The certificate records the judgment and is used for enforcement.

Step 2: Wait a Reasonable Period

Give the debtor a short window to pay voluntarily — 15 to 30 days is typical. Some debtors pay once they see the formal judgment, especially if they know enforcement is coming. Sending a brief written notice with a copy of the Order and a payment deadline can prompt action without further court proceedings.

Step 3: Find the Debtor's Assets

Before choosing an enforcement tool, you need to know what the debtor owns. This is often the hardest part, especially in Nunavut where public asset records are limited. Two approaches:

Payment Hearing (Form 12)

Complete and file a Notice to Attend Payment Hearing (Form 12). The Clerk schedules the hearing, and you must arrange service at least 10 clear days before the hearing. The debtor must disclose their financial situation under oath, including:

• Employment income and employer details
• Bank accounts and balances
• Real property (houses, land)
• Vehicles, snowmobiles, and other valuable personal property
• Other debts owed to them (accounts receivable)

The information from a Payment Hearing tells you which enforcement tool to use.

Informal Investigation

Before going to the expense of a Payment Hearing, you may already know enough about the debtor's situation. If you know where they work, where they bank, or what property they own, you can proceed directly to garnishment or seizure.

Enforcement Tools

Garnishment

Garnishment attaches money owed to the debtor by a third party — most commonly wages from an employer or funds in a bank account. You file a garnishment order with the court, and the third party (the "garnishee") is legally required to redirect the specified amount to you instead of to the debtor.

Wage garnishment is often the most effective collection tool because it creates an ongoing stream of payments until the judgment is satisfied. The debtor's employer deducts a portion of each paycheque and sends it to you.

Bank account garnishment is a one-time seizure: whatever is in the account when the garnishment hits is frozen and paid out to you. If the balance is less than the judgment, you may need to garnish again later.

Writ of Execution

A Writ of Execution directs the Office of the Sheriff to seize and sell the debtor's non-exempt personal property to satisfy the judgment. This can include vehicles, snowmobiles, boats, equipment, and other valuable assets.

The Sheriff handles the seizure and liquidation. Certain property is exempt from seizure under territorial law — basic household necessities and tools of the trade typically cannot be taken.

Contact the Sheriff's Office at [email protected] or (867) 975-6103 to initiate this process.

The 10-Year Enforcement Window

An action on a judgment or order for payment of money must be brought within ten years after the cause of action on the judgment or order arose. After that, an action may be time-barred under Nunavut's Limitation of Actions Act.

That said, do not wait. The longer you delay, the more likely the debtor is to move, spend down assets, or become harder to locate. Start enforcement proceedings as soon as the voluntary payment period expires.

Interest on Unpaid Judgments

Post-judgment interest accrues automatically on unpaid balances from the date the Order was entered until the judgment is fully satisfied. The rate is set under the Judicature Act — check with the Civil Registry for the current rate. When you pursue enforcement, you collect the original judgment amount plus all accrued interest.

Enforcing Across Provincial Borders

If the debtor has moved to another province or territory, or has assets there, you can register your Nunavut judgment in that jurisdiction under reciprocal enforcement of judgments legislation. Most Canadian provinces and territories have agreements that allow out-of-province judgments to be registered and enforced locally.

The process involves filing the Nunavut Certificate of Judgment with the target jurisdiction's court and following their registration procedure. Once registered, you can use that province's enforcement tools (garnishment, seizure) against the debtor's local assets.

When the Debtor Goes Bankrupt

If the judgment debtor files for bankruptcy or enters a consumer proposal, federal insolvency law imposes an automatic stay on all civil enforcement. You cannot garnish wages, seize assets, or take any collection action while the bankruptcy or proposal is in effect. Your judgment becomes a claim in the bankruptcy, and you may receive partial payment (or nothing) depending on the debtor's assets and priority of claims.

Practical Tips

Keep records of every enforcement step. Document garnishment notices, Sheriff correspondence, and any partial payments received. If you need to return to court for additional enforcement orders, a clear paper trail strengthens your position.

Consider a payment plan. If the debtor has limited income but a steady job, a voluntary payment plan may collect the judgment faster than repeated garnishment applications. Get any agreement in writing.

Factor in costs. Enforcement is not free — Sheriff fees, garnishment filing fees, and registration costs in other provinces add up. For small judgments, aggressive enforcement may cost more than it recovers.

The Making a Small Claim in Nunavut guide includes an enforcement checklist covering each collection tool, with a timeline for when to escalate from a polite demand to formal garnishment or seizure.

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