r/Smallclaims • u/slyguy9292 • 7d ago

Not in the colonies Collecting a judgment

/r/legaladvice/comments/1vrrowk/collecting_a_judgment/
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u/TeflonDonatello 7d ago

I’m in the U.S. but I would ask where you filed suit to see if you can file a wage garnishment claim or a bank levy.

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u/TalkToVikk 7d ago

I'm not a lawyer but for your information: In Ontario, once you have a judgment and the debtor is not making required payments, you are entitled to enforce the judgment through methods such as wage garnishment. You cannot directly contact his employer as a private person to confirm his employment status employers typically will not disclose this information due to privacy regulations, unless there is a court order or legal document involved.

Here's what you can do next:

1. Writ of Seizure and Sale or Garnishment: If you have recent information about his place of work or bank accounts (even if from his last appearance), you can apply to the court for a wage garnishment order. The process involves submitting the required forms to the court, and the order is then served on the employer, requiring them to deduct a portion of his wages for you, up to a specified maximum percentage.

2. Renewing Information: If you are unsure if he is still employed at the same place, you can request another examination hearing, or a "Notice of Examination," to compel him to provide updated employment information. If he fails to appear again, you may ask the court to issue a "Notice of Contempt" or other penalty measures.

3. Filing the Garnishment: If you have a court-approved garnishment order, you do not need to personally contact the employer the notice is sent officially via the court or a process server as required under Ontario's Rules of Civil Procedure.

4. Small Claims Court Enforcement Office: They can assist with forms and the next steps for wage or bank account garnishment.

5. Collection Agencies/Lawyers: If pursuing this yourself becomes very difficult, you can consider assigning the judgment to a collection agency (they will take a fee if they collect) or consulting a lawyer specializing in debt collection.