Writ of Seizure and Sale Ontario: Personal Property and Land

What a Writ of Seizure and Sale Actually Does

A writ of seizure and sale is an enforcement tool that lets the sheriff seize and sell a judgment debtor's property to pay what they owe you. Ontario uses two separate writs: Form 20C for personal property (vehicles, equipment, inventory) and Form 20D for land (houses, commercial property, vacant lots).

They're powerful — a land writ registered on title effectively blocks the debtor from selling or refinancing until your judgment is cleared. But they're also the most expensive enforcement option and the slowest to produce results. Understanding how each one works helps you decide whether it's the right tool for your situation.

Form 20C: Writ of Seizure and Sale of Personal Property

To target the debtor's personal property — vehicles, business equipment, inventory, electronics — you file Form 20C through the Small Claims Court clerk.

The process:

1. File an Affidavit for Enforcement Request (Form 20P) with the court, stating the total amount owing including post-judgment interest
2. Request Form 20C from the clerk. The court issuance fee is $68 under O. Reg. 332/16
3. The clerk issues the writ and you deliver it to the bailiff in the territorial division where the debtor's assets are located
4. Submit detailed enforcement instructions to the bailiff — asset descriptions, locations, vehicle identification numbers (VINs) — along with an advance fee deposit

The bailiff handles the actual seizure. You don't get to show up at the debtor's house and take things yourself. Creditors have no right of self-help seizure and no right to force entry into a residence.

Bailiff fees add up. Under O. Reg. 332/16, the bailiff charges $38 per enforcement attempt where no sale is necessary, and $64 where a sale is necessary, plus necessary disbursements for towing, storage, appraisal, and advertising. The local advance deposit typically runs $240 to $400. It is an advance against those costs, and any unused balance may be returned.

Form 20D: Writ of Seizure and Sale of Land

A land writ works differently. Instead of seizing and selling the property right away, the writ gets registered on the land titles system, which binds the property.

The process:

1. File Form 20P and request Form 20D from the court clerk ($68 issuance fee)
2. The sheriff registers the writ electronically on the parcel register through the OnLand/Teraview system at the local Land Registry Office (LRO)
3. Pay a $100 sheriff filing fee directly to the Enforcement Office

Once registered, the writ creates a charge against the property. The debtor cannot sell or refinance without clearing your judgment debt first. For many creditors, this binding effect alone produces payment — the debtor needs to deal with you before they can do anything with their property.

Forced sale is a separate, longer process. If the debtor won't pay even with the writ on title, an actual forced sale requires:

• The writ must be filed with the sheriff for at least 4 months before the sheriff can publish a notice of sale
• The writ must be registered on title for at least 6 months before an actual sale can take place
• The sheriff will not proceed unless your equity calculation shows the debtor's equity exceeds all prior encumbrances (mortgages, tax liens) plus execution costs plus the statutory principal residence exemption

What the Sheriff Can't Touch: Exemption Limits

Ontario's Execution Act and O. Reg. 657/05 (updated by O. Reg. 393/25 effective December 19, 2025) protect basic living assets from seizure:

If an asset's value exceeds the exemption, the sheriff can seize and sell it — but the exemption amount gets paid to the debtor from the sale proceeds before you receive anything.

This means a vehicle worth $6,000 is untouchable (under the $8,578 exemption). A vehicle worth $15,000 with no liens could be seized, but $8,578 goes back to the debtor and you'd receive the remainder minus sheriff costs.

When a Writ Makes Sense (and When It Doesn't)

A writ of seizure and sale of personal property makes sense when you know the debtor owns valuable, identifiable assets above the exemption thresholds — a commercial vehicle fleet, business equipment, inventory. It rarely makes sense for household goods, where the exemption covers almost everything and the auction value of used furniture is negligible.

A land writ is most effective when the debtor owns real property with significant equity. Even if you never force a sale, the registration pressures the debtor to settle because the writ blocks any refinancing or sale. In the Greater Toronto Area, where property values are high, a land writ on a debtor's home can be the most effective enforcement tool available.

Both writs are valid for 6 years from issuance and may be renewed before expiration to maintain priority. File Form 20N with the bailiff for a personal-property writ or with the sheriff for a land writ. If you let a writ lapse, you lose your place in the queue behind other creditors who filed later.

The Right Order of Operations

Most experienced paralegals recommend this sequence: examine the debtor first (Form 20H, $68) to discover what they own and earn, then garnish known income sources (Form 20E, $144), and only then pursue writs ($68 + enforcement-office deposits) if garnishment alone won't satisfy the judgment. Starting with a writ before you know what the debtor owns risks paying deposits for assets that don't exist or fall under exemptions.

Our Ontario judgment enforcement guide walks through each enforcement tool in this recommended sequence, with the fee calculations and forms you need at each step.

See more Ontario guides →