Debt Recovery and Enforcement

A judgment is only useful if it can be collected, and an enforcement step taken against you needs a prompt and accurate response. We act for creditors recovering money owed and enforcing judgments, and for debtors responding to claims and enforcement.

Common situations

  • Unpaid invoices, loans, equipment leases or other debts
  • A judgment that has not been paid
  • A debtor who has moved assets out of reach, or a company that is an empty shell
  • A garnishment or writ affecting a bank account, wages or property
  • A default judgment obtained without the defendant’s knowledge

How we approach debt recovery

  1. Assess collectability first: assets, income, property and other creditors.
  2. Send a clear demand, which resolves many debts without a claim.
  3. Choose the fastest suitable route to judgment, in Small Claims Court or the Superior Court of Justice.
  4. Enforce with the right tools: garnishment, writs, examinations and, where assets were moved to defeat creditors, a claim to set the transfer aside.

For debtors

Enforcement steps have rules, exemptions and deadlines. Some wages and property are partly protected, garnishments can sometimes be varied, and a default judgment can sometimes be set aside. Payment arrangements can also be negotiated.

Topics in this area

Questions we are often asked

Is it worth suing someone who may not be able to pay?
It depends on what the debtor owns and earns, and whether that is likely to change. We look at collectability before recommending a claim, so the cost of recovery is weighed against what can realistically be collected.
What enforcement tools are available after judgment?
The main tools in Ontario are garnishment of wages, bank accounts and other debts owed to the debtor, writs of seizure and sale against real and personal property, and an examination in aid of execution, in which the debtor answers questions under oath about their finances.
How long does a judgment last?
A writ of seizure and sale filed with the sheriff remains in force for six years and can be renewed before it expires. Other enforcement steps remain available while the judgment is unpaid.
A creditor has started enforcing a judgment I did not know about. What can I do?
Act quickly. If you were not properly served, or had a reasonable explanation for not defending and have an arguable defence, you may be able to set the judgment aside and pause enforcement in the meantime.

Guides

General information about Ontario law, not legal advice about your situation. Time limits can be short; if you are unsure, speak with a lawyer promptly.

Speak with us about your situation.

Request a consultation online, or call or email us directly.