A writ of seizure and sale, filed with the sheriff, lets a creditor enforce a judgment against the debtor's property, and in practice it attaches to land the debtor owns in that area. We act for creditors filing and enforcing writs, and for owners and debtors dealing with writs against them.
Common situations
A creditor with an unpaid judgment where the debtor owns property
A sale or refinancing held up by a writ on title
A writ filed against someone with a similar name
Renewal of a writ before it expires
Several creditors with writs against the same debtor
How it works, in outline
The creditor files the writ with the sheriff in each area where the debtor owns, or may acquire, property.
The writ binds land the debtor owns in that area.
Personal property can be seized and sold by the sheriff on the creditor’s direction, subject to exemptions.
Proceeds are shared among creditors with writs, in most cases rateably rather than by order of filing.
What happens next
For creditors, we identify where the debtor has property, file in the right places, and track renewal dates. For debtors and owners, we review whether the writ is valid and correctly filed, and negotiate or apply to court to resolve it.
Questions we are often asked
How does a writ affect land?
Once filed with the sheriff for the area where the debtor owns land, the writ binds that land. In practice, a sale or new mortgage usually cannot close until the writ is paid or otherwise dealt with.
How long does a writ last?
Six years from filing, and it can be renewed for further six-year periods if renewed before it expires.
What property is protected from seizure?
Ontario law exempts limited categories of personal property, such as certain household items and tools of a trade up to set values. The exemptions are narrow.
How do I get a writ removed from my property?
By paying the judgment, by agreement with the creditor, or by court order, for example where the judgment is set aside or the writ names the wrong person.
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.
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