Winning your Small Claims case does not automatically put money in your pocket. To enforce a judgment in Ottawa, you must file a Notice of Garnishment with the court (costing $144 CAD) to legally seize up to 20% of the debtor’s net wages or freeze their bank account.
Hearing a judge say “Judgment for the Plaintiff” at the Ottawa Courthouse is a great feeling. However, many successful plaintiffs are shocked to learn that the court does not actually collect the money for them. If the debtor refuses to write a cheque after losing the trial, you are entirely responsible for forcing them to pay.
In Ontario, transforming a piece of paper into actual cash requires utilizing the enforcement mechanisms found in the Rules of the Small Claims Court. 📋 The most effective method is wage garnishment, which forces the debtor’s employer to send a portion of their paycheque directly to the court. Knowing how to enforce a Small Claims Court judgment and garnish wages in Ottawa is the final, crucial step in recovering your hard-earned money.
Step-by-Step Process in Ottawa
Enforcement requires you to do some detective work. You cannot garnish an account if you do not know where the debtor banks or works. If they live in Kanata, Orleans, or anywhere in the city, the paperwork must be filed at the Elgin Street courthouse.
Step 1: Identify the Default or Payment Deadline
After the judge issues the order, you can take enforcement action as soon as the debtor fails to pay on the due date. 🕑 If the judge ordered payment “forthwith” (immediately) or if the debtor misses a scheduled payment on a court-ordered installment plan, you do not have to wait for any mandatory 30-day grace period under Small Claims Rules 20.02 and 20.10. If the judge specified a specific deadline, wait until that exact date passes before initiating garnishment.
Step 2: Conduct an Examination Hearing
If you have no idea where the debtor works, you can ask the court to schedule an Examination Hearing. Under Ontario Small Claims Rule 1.07 (effective June 1, 2025), these financial examinations are conducted virtually via video conference by default. A physical in-person hearing at the Elgin Street courthouse is only available by filing an explicit request (Form 1B). The debtor is legally ordered to appear on screen under oath to answer questions about their finances, assets, and employment, and they must electronically submit their pay stubs and tax returns beforehand.
Step 3: File an Affidavit for Enforcement Request
Once you know their employer’s name and address, you must fill out an Affidavit for Enforcement Request and a Notice of Garnishment. 💼 You must swear this affidavit in front of a commissioner of oaths, stating the exact amount of the judgment, how much interest has accumulated, and how much is still unpaid.
Step 4: Issue and Serve the Notice of Garnishment
File these documents at the Small Claims Court counter. The clerk will sign and issue the Notice of Garnishment. You must then serve this official notice on the “Garnishee” (the employer or the bank) and the debtor. Once the employer receives it, they are legally obligated to deduct the funds from the debtor’s pay and send them to the court, which will then disburse the money to you.
How Much Does it Cost in Ottawa?
Collecting a debt requires spending a little more money, but these enforcement costs are generally added to the total amount the debtor owes you. Here are the current fees in Ontario:
- Notice of Garnishment Fee: The court charges $144 CAD to issue a Notice of Garnishment.
- Examination Hearing Fee: If you need to force them to reveal their assets in court, scheduling an Examination Hearing costs exactly $68 CAD under O. Reg. 332/16.
- Process Server Fees: You must legally serve the garnishment on the employer and the debtor. Hiring a process server in Ottawa usually costs $50 to $100 CAD per address.
- Paralegal Fees: If you hire a legal professional to handle the complicated math and enforcement paperwork, expect to pay a few hundred dollars for their services.
How Long Does the Process Take?
Garnishment is an effective tool, but it is not a fast way to get a lump sum of cash. 📅 You will be paid in small increments every time the debtor receives a paycheque.
| Enforcement Step | Estimated Timeline |
|---|---|
| Payment Default | Immediate (or as ordered by the judge) |
| Filing the Garnishment | Processed by the court clerk within a few days |
| Employer Processing Time | Takes effect within 1 or 2 pay cycles after service |
| Full Debt Recovery | Can take months or years, depending on their salary |
Frequently Asked Questions (FAQ)
How much of their wages can I take?
Under Ontario’s Wages Act, you can generally garnish a maximum of 20% of the debtor’s net (after-tax) wages. A judge can increase or decrease this percentage if the debtor successfully argues financial hardship.
Can I garnish social assistance or EI?
No. By law, you cannot garnish Employment Insurance (EI), Ontario Works (OW), the Ontario Disability Support Program (ODSP), or Canada Pension Plan (CPP) benefits. These funds are strictly protected from creditors.
What happens if they quit their job?
If the debtor quits or gets fired, the wage garnishment stops immediately. You will have to do more research to find out where their new employer is and issue a brand-new Notice of Garnishment.
Can I seize their car or house instead?
Yes. You can file a Writ of Seizure and Sale. This allows a court enforcement office to seize their personal property (like a car) or place a lien on their real estate, though this process is much more complex than wage garnishment.
Does a Small Claims Court judgment expire?
No, a judgment does not technically expire in Ontario. However, a Writ of Seizure and Sale must be renewed every six years. You can actively pursue the debt for years until it is fully paid.
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