NWT Small Claims Judgment Enforcement

Winning Is Not the Same as Collecting

A Payment Order (Form 21) from the Territorial Court tells the defendant to pay you. It does not put money in your account. If the debtor ignores the order, you need to use the court's enforcement tools to compel payment. Each tool costs $25 to file and targets a different type of asset.

Tool 1: Writ of Execution (Form 22)

A Writ of Execution authorizes the NWT Sheriff's Office to seize and sell the debtor's non-exempt personal property to satisfy the judgment. You file Form 22 at the registry ($25 fee), and the Sheriff carries out the seizure.

When to use it: You know the debtor owns valuable personal property — vehicles, equipment, inventory — that is not exempt from seizure.

Limitations: Certain basic personal property, clothing, tools of trade, and minimum income portions are exempt under territorial legislation. The Sheriff seizes what is available but does not trace hidden assets.

The $25 court filing fee does not include Sheriff fees. Schedule B lists additional Sheriff fees, including $0.50/km for motor vehicle travel required to execute service or process. Confirm applicable charges and payment arrangements with the Sheriff's Office.

Tool 2: Garnishee Summons (Form 35)

A Garnishee Summons attaches money owed to the debtor by a third party — typically a bank account or an employer's payroll. You file Form 35 and a supporting Form 36 (Affidavit) ($25 total fee), and the summons is served on the third party (the "garnishee").

When to use it: You know where the debtor banks or who employs them. A garnishee on wages intercepts a portion of each paycheque; a garnishee on a bank account freezes and redirects funds up to the judgment amount.

You need specific information — the bank branch and account holder name, or the employer's name and address. The court does not locate this information for you.

Tool 3: Summons to Payment Hearing (Form 23)

If you do not know what the debtor owns or where they bank, a Payment Hearing forces disclosure. Form 23 ($25 fee) compels the debtor to attend court and be examined under oath about their income, assets, and liabilities. The debtor must fill out Form 26 (Statement of Finances) and bring it to the hearing.

When to use it: You have a judgment but no information about the debtor's financial situation. The payment hearing reveals bank accounts, employment, property, and other assets you can then target with a Writ or Garnishee.

If the debtor fails to appear, contact the registry about the next procedural step.

Which Tool Comes First?

Which tool to use depends on the information you have about the debtor's assets. A common sequence is:

1. Payment Hearing first — to learn what the debtor has
2. Garnishee on wages or bank account — the easiest to execute if the debtor is employed
3. Writ of Execution — for non-monetary assets like vehicles or equipment

When the Debtor Has Nothing

If the debtor is insolvent, has no attachable income, and owns only exempt property, your judgment may be effectively uncollectable in the short term. Before waiting for the debtor's circumstances to change, confirm the current time limit and any steps required to keep the judgment enforceable.

Post-judgment interest accrues automatically under the Judicature Act, so the total owed grows while you wait.

For an enforcement decision flowchart and fillable tracking worksheets, see the NWT Small Claims Filing Guide.

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