How do I collect the money I’m owed?
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?
If you're the in a Small Claims Court case and you win, you become a . The person you sued becomes the .
If you win your court case, the court will order the debtor to pay you money. But the court does not collect the money for you.
Sometimes, the debtor pays the money right away. The debtor can also ask for more time to pay you back.
Debtor doesn’t pay
The debtor may refuse to pay, or say they can't give you back your money. If this happens, there are steps you can take to get what you're owed. This is called enforcing the judgment.
You can start as soon as you win your case.
You have options:
- Write to the debtor and ask for your money.
- Get an order from the court to take part of the debtor's wages or money from their bank account. This is called .
- Get an order from the court to take or sell the debtor's or land. This is called .
You can also ask the Small Claims Court to hold a hearing called an examination hearing. At the examination hearing, the debtor must explain their financial situation. They show the court their , , and income. With this information, you can decide which is the best way to collect the money you're owed.
Getting back personal property
The court may have ordered the debtor to give back your personal property. If so, there are steps you can take to enforce your order.