Licensed by the Law Society of Ontario

Collecting a judgment in Guelph

A judgment says you're owed money. Getting paid can take more steps, and we can take them for you, from finding out what the debtor owns to garnishing wages or a bank account.

Situations we help with

  • You won in Small Claims Court, but you haven't been paid
  • A Landlord and Tenant Board order to pay hasn't been paid
  • You don't know where the debtor works or banks now
  • The debtor owns a vehicle, equipment or property
  • The court ordered something returned to you, and it hasn't been

To collect, the debtor has to have money, things that can be seized and sold, or money owed to them by someone else, like wages from an employer or funds in a bank account. Working out which of these applies is where we start.

Ways to collect

An examination

The debtor has to come to court and answer questions under oath about their income, assets and debts. The answers show which way of collecting will work.

Garnishment

If the debtor has a job or a bank account, a notice of garnishment sends part of their wages, or the money in the account, to you through the court.

Seizing belongings or land

A writ of seizure and sale lets the Sheriff seize and sell things like vehicles or equipment. Filed against land, it can stop a sale or refinancing until you're paid.

Getting property back

If the judgment is for specific property rather than money, a writ of delivery lets the Sheriff take it back. It's often used for leased or loaned items.

Don't know where the debtor lives or works now? Laura is also a licensed private investigator, and finding people is part of what she has done for years.

What we do

  1. Check the judgment

    We look at the judgment or order and what you already know about the debtor.

  2. Find out what they have

    If it isn't clear, we ask the court for an examination, and use Laura's investigator experience where it helps.

  3. Choose the right way to collect

    Garnishment, a writ, or more than one, depending on what the debtor has.

  4. File with the court and the Sheriff

    We prepare and file the documents and serve whoever needs to be served, like an employer or a bank.

  5. Follow it through

    We keep track of payments and renewals, and take the next step if the first one doesn't work.

Rules to know

  • 20%

    of the debtor's net wages is, in most cases, the most that can be garnished. The rest is protected by law.

    Wages Act, section 7

  • 6years

    is how long a notice of garnishment or a writ of seizure and sale stays in force. Each can be renewed for another six years before it runs out.

    Ministry of the Attorney General, Guide to procedures in Small Claims Court

Questions people ask

Can you collect a Landlord and Tenant Board order?

Yes. An order from the Board to pay money can be filed with the court and then collected in the same ways as a court judgment.

The debtor says they can't pay. Is it worth trying?

Sometimes not right away. An examination shows what they have now. Interest keeps adding up on an unpaid judgment, and you can try again if their situation changes.

I didn't use you for the case. Can you still collect?

Yes. You don't need to have used us for the case to get help collecting the judgment.

Talk to us about your matter

Call us or send a short message about what's happening. If a date is coming up, let us know.

How can we help?

Every message is read personally, and you'll get a reply within 24 hours.

Hearing or deadline in the next 7 days? Please call instead: 1-888-609-4414.

What's it about?

Sending this form doesn't make us your paralegal, and it doesn't stop us from acting for someone else in the same matter. Please don't include confidential details or documents until we've met and you've hired us. Anything you send before then may have to be disclosed if the law requires it.

The office

329 Woolwich Street
Guelph, ON N1H 3W4
Hours
Monday to Friday, 9 a.m. to 5 p.m.
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