Last Updated: August 23 2026
How do I enforce a Small Claims Court order for the return of personal property using a writ of delivery (Form 20B) in Ontario?
Caruso Legal Services helps Ontario consumers enforce a Small Claims Court order for the return of specific personal property using a writ of delivery (Form 20B), directing the bailiff to seize and deliver the defined item to the Creditor in the enforcement proceeding. To start, you typically request the writ from the clerk and support it with an affidavit stating the property has not been delivered, then the writ must include the correct property description, the parties, and the terms of the original order. If the exact property cannot be found, the court may direct the bailiff to seize other personal property of the debtor, and the person seeking enforcement must pay the bailiff’s storage costs in advance or the seizure may be treated as abandoned under O. Reg. 258/98, s. 20.05(1) to (4). If recovery is not possible, the order may allow enforcement of an equivalent monetary amount based on value. Call (289) 271-0488 to review your order, confirm the property details, and reduce delays caused by incomplete or incorrect paperwork.
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Return of Property
A Writ of Delivery (Form 20B) is used to enforce an Order for the return of specific personal property to the rightful party – being known as the Creditor within enforcement proceedings. The Writ of Delivery (Form 20B) is often used in situations such as for the return of leased equipment, for repossession of financed goods, or for recovery of disputed assets following a contractual disagreement.
Note: Please contact Caruso Legal Services by phone at: (289) 271-0488 to discuss any specific questions that you may have.
The Writ of Delivery (Form 20B) directs the enforcement officer (typically a Sheriff or Bailiff) to take possession of the property specified within the Order and to deliver the property to the Creditor. Enforcement officers execute the Writ by locating the specified property, verifying the identity of the property, and ensuring that the property is safely stored until transferred to the Creditor. The process can present challenges, such as when dealing with unco-operative parties or when locating the specific property is difficult or when the specific property is difficult to identify.
The Writ of Delivery (Form 20B) is typically used when a Judgment requires the return of items rather than monetary compensation. If recovery of the property specified is unenforceable, such as when the property was sold to a third party, lost, or destroyed, the Writ of Delivery (Form 20B) may also include a provision for the enforcement of a monetary amount equivalent to the value of the specified property. Determining the value of the property may involve appraisal or consideration of market value, depending upon the nature of the specific property asset.
With respect to a Writ of Delivery (Form 20B), the Rules of the Small Claims Court, O. Reg. 258/98, specifically state:
Delivery of Personal Property
20.05 (1) An order for the delivery of personal property may be enforced by a writ of delivery (Form 20B) issued by the clerk to a bailiff, on the request of the person in whose favour the order was made, supported by an affidavit of that person or someone acting on that person’s authority stating that the property has not been delivered.
Seizure of Other Personal Property
(2) If the property referred to in a writ of delivery cannot be found or taken by the bailiff, the person in whose favour the order was made may make a motion to the court for an order directing the bailiff to seize any other personal property of the person against whom the order was made.
(3) Unless the court orders otherwise, the bailiff shall keep personal property seized under subrule (2) until the court makes a further order for its disposition.
Storage Costs
(4) The person in whose favour the order is made shall pay the bailiff’s storage costs, in advance and from time to time; if the person fails to do so, the seizure shall be deemed to be abandoned.
Preparing the Writ of Delivery (Form 20B) document is relatively straightforward. The document must include essential details such as the description of the property to be recovered, the parties involved, and the terms of the original Order.
Concerns
It is important to avoid common pitfalls such as incomplete or incorrect information, as these errors can delay enforcement. Once the Writ of Delivery (Form 20B) document is prepared, copies are provided to the Court Clerk. The Court Clerk will then complete the Writ of Delivery (Form 20B) by checking the box (“☐”) regarding the Court granting the use of reasonable force as well as attaching a copy of the respective Order. The authority to use reasonable force is significant, as the Writ of Delivery (Form 20B) allows enforcement officers to ensure compliance, but the Writ of Delivery (Form 20B) also comes with strict legal limitations to prevent abuse. Understanding these limitations is crucial.
Conclusion
The Writ of Delivery process provides a pivotal step in recovering a specific chattel. Commencing the Writ of Delivery procedure provides a legal means to force the return of property in accordance with a mandate stated within a Judgment.
NOTE: A significant volume of online inquiries featuring “lawyers near me” or “best lawyer in” typically indicate a pressing requirement for competent legal assistance, rather than a precise designation. In Ontario, licensed paralegals are overseen by the same Law Society that governs lawyers and have the authority to assist clients in specified litigation matters. Advocacy, legal interpretation, and procedural expertise are fundamental to this role. Caruso Legal Services provides legal representation within its licensed framework, focusing on strategic planning, evidence preparation, and compelling advocacy aimed at securing effective and beneficial outcomes for clients.
