Can a court make someone sell property to pay me if I have a court order against them?
Because of COVID-19, the Small Claims Court has changed some of its processes. You can learn more in the question: How is Small Claims Court handling cases during COVID-19?
The person who owes you money is called the . Your court order says how much money you're owed. If the debtor isn't giving you the money you're owed, you may be able to force them to sell their property to pay you back. This is called getting a Writ of Seizure and Sale.
Two types of property may be seized:
- , such as motor vehicles, jewelry, or other things they own
- land, also called real estate
Try other ways first
Seizing and selling personal property or land can be expensive. It's a good idea to try to enforce your judgment in other ways first.
You may not be able to seize and sell their property if the debtor:
- doesn't have anything to sell
- doesn't have enough in their land
Seizing personal property
If the debtor isn't paying you the money you're entitled to from a court order, you can ask the to take personal property that belongs to the debtor. This property can be sold, and the money will be used to pay you.
Enforcement offices are also called sheriff's offices. They can help you enforce your judgment from Small Claims Court. To find an enforcement office near you, look on the Ontario Ministry of the Attorney General website.
If you don't know what the debtor's are, it's a good idea to first have an examination hearing.
Seizing Land
If the debtor owns land in an Ontario district or county, you can a Writ of Seizure and Sale for that land.
A Writ of Seizure and Sale of Land makes it difficult for the person who owns the land to mortgage or sell their property until their debt is paid.
To find out if a debtor owns land, search land registration documents. You must pay to do this.
It's also a good idea to find out how much equity the debtor has in the land they own. Mortgages and other on the land reduce the amount of equity. The debtor should have provided this information during the examination hearing.
Filing for an extension
A Writ for Seizure and Sale expires 6 years after it's issued. This means that you have 6 years to collect your money by selling or taking the debtor's property. If your Writ is about to expire and you haven't received the money owed to you, file for an extension. You should file for the extension before the Writ expires.
