Commencing Writ Procedures:

Question:How do I register a Small Claims Court judgment against a debtor’s land in Ontario using a writ of seizure and sale?

Answer:To register a financial interest against a debtor’s land after a Small Claims Court judgment, the creditor typically obtains a Certificate of Judgment (Form 20A) from the court where the judgment was issued, then files that Certificate of Judgment in the jurisdiction where the enforcement will occur, and prepares an up-to-date Affidavit for Enforcement Request (Form 20P) showing the accurate amount owing as of the writ issuance date.  The next step is requesting the appropriate writ, such as a Writ of Seizure and Sale of Land (Form 20D), which is used to seize the real property (with or without structures) and move the matter toward sale if the judgment is not voluntarily satisfied.  For help getting the right forms and timing right in Ontario, including when enforcement is started in a different jurisdiction, contact Legacy Legal Services at (226) 246-3825 to speak with a licensed legal professional in Windsor and surrounding communities.

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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.

Note: Please contact Legacy Legal Services by phone at: (226) 246-3825 to discuss any specific questions that you may have.

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.