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Enforcing a judgment

Article Number: 472
Region: Ontario

After a trial, the winning party will have to take steps to collect the judgment ordered by the court. This person is called the creditor, and the unsuccessful party who must pay the judgment is called the debtor. If you are the creditor, you or your lawyer should communicate with the debtor to make sure that the person knows how and where to pay you. If you have trouble receiving payment from the debtor, you may take steps to enforce your judgment.

Enforcing a judgment can take many forms. For example, you can ask for a Judgment Debtor Examination, make an application to garnish the debtor's wages or rents, or make an application to seize and sell the debtor's personal or real property. Enforcing a judgment in the Superior Court of Justice is much more complicated than the Small Claims Court process. The main difference is that in Small Claims Court the process is largely handled by the court with the creditor filling in the appropriate documents. In the higher courts, the process is handled by the creditor or the creditor's lawyer and the documents used are developed based on the specific situation.

If you wish to enforce a judgment in the Superior Court of Justice, you should seek the assistance of your lawyer.


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