Commencing Writ Procedures:

Question: How do I register a Small Claims Court judgment interest against a debtor’s land or personal property in Ontario using a writ?

Answer: In Ontario, SFG Paralegal Services LLP can help a creditor register their interest using a Writ of Seizure and Sale by preparing the required Small Claims Court documents and filing them so the writ attaches to the correct debtor property (real property or personal property like vehicles or watercraft). First, if enforcement is in a different Ontario jurisdiction than where the Small Claims Court judgment was issued, you typically need an enforcement file in the local court by getting a Certificate of Judgment (Form 20A) from the original court and filing that Certificate where enforcement will occur. Next, you generally file an Affidavit for Enforcement Request (Form 20P) that is current and accurately reflects the outstanding balance and interest up to the writ issuance date. Once the writ is issued and properly filed, the creditor can proceed under the relevant writ type, such as a writ for seizure and sale of land or personal property, but deadlines and renewal rules can matter.   For help confirming which forms apply to your facts and next steps in the Ontario Small Claims Court process, call (888) 398-0121.

Registering Rights Upon Debtor Property

Creditors may make use of a Writ of Seizure and Sale as a significant mechanism that enables the registering of a financial interest upon the real property or personal property of a Debtor.  The Creditor may seek the filing of such a Writ upon real property, meaning land whether with or without structures, or upon personal property such as automobiles, implements, watercraft, or other types of property other than land.

Starting the Process

Where an enforcement procedure is being initiated within a jurisdiction that is other than the jurisdiction within which the Judgment of the Small Claims Court was issued, the opening of an enforcement file within the Small Claims Court within the jurisdiction where the Judgment will be enforced is required.  Doing so requires the issuing of a Certificate of Judgment (Form 20A) from the Small Claims Court where the Judgment was granted and filing of the Certificate of Judgment (Form 20A) where the Judgment will be enforced.  Furthermore, as with the initiation of almost every enforcement process, when initiating almost every Writ process, the Creditor must prepare and file an Affidavit for Enforcement Request (Form 20P), which outlines the details of the Judgment and confirms the outstanding amount owed.  The Affidavit for Enforcement Request (Form 20P) must be current, meaning that the sums shown as owing are accurate, including all interest calculations, to the date of issuance of the relevant Writ.

Types of Writs

The Small Claims Court offers three primary Writ processes to enforce judgments.  Understanding the various Writ processes is essential for effective enforcement of Judgement.  Each Writ serves a unique purpose due to a failure for voluntarily compliance with a court Judgment.

Conclusion

Enforcing a Judgment via the use of writs - such as a Writ of Delivery (Form 20B), a Writ of Seizure and Sale of Personal Property (Form 20C), or a Writ of Seizure and Sale of Land (Form 20D), is a complex but essential aspect of the remedies available within the Small Claims Court system.  Proper preparation, diligent adherence to procedural requirements, and timely renewal, are all critical for the ensuring successful enforcement of a Judgment.