How do I enforce a court order against someone to give back my property?
Question & AnswerHow do I enforce a court order against someone to give back my property?
2. Get a Writ
A Writ of Delivery allows an enforcement officer to take from a and return it to the . Only items listed in the Writ of Delivery can be taken.
If you want to take the debtor’s property and sell it to get money owed to you, you will need to get a Writ of Seizure and Sale.
If you want a Writ of Delivery or a Writ of Seizure and Sale, you must get it issued within 6 years of the date on the original court order.
Complete the documents
To get a Writ, complete:
In the Affidavit for Enforcement Request, include:
- the name and address of the debtor
- details about the court order you’re enforcing
- details about the property to be returned
- a statement that the personal property has not been returned
Also include as many details about the personal property as you can, such as:
- serial numbers
- make or model of the property
- unique marks
- proof of ownership of land or vehicles
- the exact location of the property
File the documents at court
File the Affidavit for Enforcement Request and Writ of Delivery together at the court where you received your court order. The court staff will issue the Writ of Delivery, and return the original to you. You must pay a fee to do this.
File the documents at an enforcement office
At an , file:
- the Writ of Delivery issued by the court
- a copy of the Affidavit for Enforcement Request
- a copy of your court order
Enforcement offices are also called sheriff’s offices. They can help you enforce your judgment from Small Claims Court. You must pay them a fee and deposit to enforce the Writ. To find an enforcement office near you, look on the Ontario Ministry of the Attorney General website.
Arrange to get your property
The enforcement office will give you the date of execution. This is the date and time when the office will send someone to get your property. They may also tell you things you must do before the date of execution, such as:
- Arrange to pick up your personal property.
- Hire people to help you move your personal property.
- Hire a locksmith to help them access the property.
You’re responsible for the costs of getting your personal property back.