If you have won a small claims case, the court will issue a judgment in your favor. This judgment orders the defendant to pay you money, or to do something else, such as return property to you.
If the defendant does not comply with the judgment voluntarily, you can take steps to enforce the judgment. There are a number of ways to do this, depending on the specific facts of your case.
Common methods of enforcing a small claims judgment
Garnishment: Garnishment is a process where the court orders the defendant’s employer or bank to pay you money directly from their paycheck or account.
Seizure of property: The court can order the seizure of the defendant’s property, such as their car, house, or bank account. The property can then be sold to pay you the judgment amount.
Registration of the judgment: You can register the judgment with the provincial or territorial courts in other provinces and territories. This will allow you to enforce the judgment in those jurisdictions as well.
How to start the enforcement process
To start the enforcement process, you will need to file a request with the court. The specific form that you need to file will vary depending on the province or territory in which you are enforcing the judgment.
Once you have filed the request, the court will serve the defendant with a notice of enforcement. This notice will inform the defendant of the enforcement proceedings and their rights.
If the defendant does not comply with the notice of enforcement
If the defendant does not comply with the notice of enforcement, you can apply to the court for a further order. The court may order garnishment, seizure of property, or another enforcement measure.
Enforcement options for different types of judgments
The enforcement options available to you will vary depending on the type of judgment that you have obtained. For example, if you have obtained a judgment for money, you may be able to garnish the defendant’s wages or seize their property. However, if you have obtained a judgment for something else, such as the return of property, you may have different enforcement options available to you.
Tips for enforcing a small claims judgment
Here are some tips for enforcing a small claims judgment:
- Be patient. It can take time to enforce a judgment.
- Be persistent. Don’t give up on enforcing your judgment.
- Be organized. Keep track of all of your communications with the defendant and the court.
- Be professional. Be respectful to the defendant and the court.
- If you are having trouble enforcing your judgment, you may want to contact a lawyer for assistance. A lawyer can help you to understand your enforcement options and to navigate the enforcement process.
Enforcing a small claims judgment can be a complex process. However, by following the tips above, you can increase your chances of success.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.