You Won in Small Claims Court — Now They Will Not Pay. Here Is What to Do
Winning a judgment in Ontario Small Claims Court is only half the battle. This guide covers every enforcement tool available — garnishment, writs of seizure...
Frequently Asked Questions
How long do I have to enforce a Small Claims Court judgment?
A judgment itself does not expire — section 16(1)(b) of the Limitations Act, 2002 exempts court orders from the two-year limitation. However, writs and garnishments are valid for six years and must be renewed. After six years from the order date, you need leave of the court to issue new enforcement tools.
How much of someone's wages can I garnish in Ontario?
Under section 7(1) of the Wages Act, 80% of net wages are exempt. You can garnish up to 20% of the debtor's net pay (after income tax, CPP, and EI). The court can vary this on a motion.
Can someone go to jail for not paying a Small Claims Court judgment?
Not for failing to pay, but for failing to attend a court-ordered debtor examination. Under Rule 20.11(7)(b), the penalty for contempt of an examination order can include up to five days in jail.
What does garnishing a bank account cost?
The filing fee for a Notice of Garnishment (Form 20E) is $144. Unlike wage garnishment, there is no statutory exemption for bank accounts — the full balance is attachable.
Can I enforce a judgment if the debtor lives in a different city?
Yes. File a Certificate of Judgment (Form 20A, fee $30) in the Small Claims Court in the debtor's new territorial division. This lets you use enforcement tools in that jurisdiction.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email general@legalassist.london for a free consultation.