In your civil litigation case, you just attained an order or judgement from the court and sent a written statement to the other party to make the necessary payment. They refused to pay. What are your options in such a situation?
Enforcing the judgement awarded by an Ontario court has a clearly defined process. For enforcement of all judgements awarded by courts, the laws and regulations are different for different provinces.
The applicable legislation in this situation can be many, and there are many types of enforcement proceedings available.
In enforcing the Ontario judgements, many legislations can apply. The relevant legislations include but not limited to:
- Small Claims Court if the case is filed here,
- Bankruptcy Insolvency Act
- Wages act will be applicable if wage garnishment is being used as a method of enforcement
- Personal property and Security Act
- Other relevant legislations based on nature of the case and the judgement
Types of Enforcement
After the enforcement, it is vital to identify which technique of enforcement will be the most suitable based on the nature of the decision. Few of the most common and often used methods of enforcement include:
- Writs of seizure and sale of property
- Writs of seizure and sale of land
- Wage garnishment
- Writ of sequestration and receivership
Writs of seizure and wage garnishment are few of the most common methods used to enforce judgements. A writ of seizure can be filed with the sheriff towards the debtor’s assets by the creditor. Wage garnishing is typically done by the creditor by sending a notice of garnishment to a person or corporation holding any of the debtor’s assets. This usually includes the debtor’s employer, banks, trustees.
Exceptional legal representation is recommended for enforcing Ontario judgements creditor’s remedies and also to defend the judgment debtor’s rights.