Can a court make someone sell property to pay me if I have a court order against them?

1. Try other ways first

You can start trying to get the money you're owed in a court order as soon as you win your Small Claims Court case.

Receiving your money in instalments

The person who owes you money is called the . If the debtor doesn't have much money or property, you may get your money in instalments. This means the debtor may give you smaller payments over a longer period of time.

Waiting to receive your money

If you know that the debtor can't pay you right away, you can choose to wait. For example, you may choose to wait until the debtor gets a job. As long as you have a judgment in your favour, you will still have the option to enforce your order.

Writing to the debtor

If the debtor doesn't pay you right away, the easiest thing is to send the debtor a letter asking for your money. This is sometimes called a demand letter.

In your letter, include:

  • the name and address of the person who owes you money
  • details about the court order, including how much they owe you
  • how you want to be paid
  • when you want to be paid
  • what you plan to do if they do not pay

You can also suggest a payment schedule, if you think that will help you get the money faster. For example, you can ask them for monthly or weekly payments until the amount is paid in full.

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