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How can I enforce a court order requiring a person to give back my property?

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How can I enforce a court order requiring a person to give back my property?
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Ministry of the Attorney General
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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How can I enforce a court order requiring a person to give back my property?
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Reviewed: 
February 23, 2017
Answer

If you have an order from a court that says someone should return your property rather than give you money, there are ways you can enforce your judgment. Enforcing your judgment means taking steps to make sure you get what the court has ordered.

Why this happens

If you're the plaintiff in a Small Claims Court case and you win, you become a creditor. The person you sued becomes the debtor.

In some cases, the court orders the debtor to return your property rather than paying you money. But the court does not collect the property for you.

Getting your property

First, talk to the person who has your property. Many debtors will return the property once you have a court order.

If the debtor refuses to give back your personal property, you can get a Writ of Delivery. If you get a Writ of Delivery, an enforcement officer can take the property and return it to you. For example, if a person refuses to give back jewelry that a judge ordered them to return, you can get a Writ of Delivery to have the jewelry taken from them and returned to you.

There are other ways to collect money owed to you from a debtor.  

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