Commencing Writ Procedures:

Question: How can a creditor in Ontario register a security interest on a debtor’s property after a Small Claims Court judgment using a writ of seizure and sale?

Answer:   If you need to register rights against a debtor’s land or personal property after a Small Claims Court judgment, Caruso Legal Services can help Ontario creditors understand when and how to file a Certificate of Judgment (Form 20A) in the enforcement location, then complete an Affidavit for Enforcement Request (Form 20P) with an accurate amount owing up to the writ date, and proceed with the right writ to match the target property type (Writ of Seizure and Sale of Land or a Writ of Seizure and Sale of Personal Property), while also ensuring you open the proper Small Claims Court enforcement file when enforcement occurs in a different jurisdiction than where the judgment was issued.  For help determining the correct forms and next steps for your situation, call (289) 271-0488 to get started.

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.