Small Claims Court ordered my employer to pay me. How do I get the money?

4. Consider having the employer’s property taken and sold

It's possible to have things that belong to the employer taken and sold at a public auction. The legal term for taking property is “seizing” it.

The money from the auction goes to the court. The court pays you after they subtract the costs of taking and selling the property.

These costs can add up to a lot of money. There are rules about what can be taken. And it's not worth it unless:

  • you have detailed information that you can give the court so that they can find and take those things,
  • the property is something that someone will want to buy at a public auction, and
  • you will get enough money after all of the costs are paid for things like storing the property and advertising the sale.

Starting this process

You need to fill out the Affidavit for Enforcement Request [Form 20P] and Writ of Seizure and Sale of Personal Property [Form 20C].

Next, you file these forms at the office of the Small Claims Court that ordered your employer to pay you. When you give forms and documents to the court, this is called “filing”.

You also have to pay a fee to the court.

Filing with the court enforcement office

Then you have to file the Writ of Seizure and Sale of Personal Property with the court enforcement office. This office has staff who take the property and store it until it's sold. You have to give them detailed information about the property and where they can find it.

You have to pay a fee to the enforcement office and give them a deposit to cover their expenses. These can include:

  • moving the property
  • changing locks
  • storing the property
  • paying for insurance for the property
  • advertising the sale

You then have to wait for the enforcement office to sell the property and give you the money that's left after all of the expenses are paid.

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