Can a court make someone sell property to pay me if I have a court order against them?
Question & AnswerCan a court make someone sell property to pay me if I have a court order against them?
3. If it’s personal property the debtor should sell
After the examination hearing, you may decide to ask the court to force the to sell , such as a vehicle or jewelry, to pay you back. To do this, apply for a Writ of Seizure and Sale. If your request is approved, the court will issue a Writ for Seizure and Sale. The Writ must be issued within 6 years of when your judgment was issued.
Complete the documents
To begin the process, complete:
The Affidavit for Enforcement Request should include:
- the name and address of the debtor
- the details of the court order you're enforcing
- the amount you're owed by the debtor
File the documents at court
File the Affidavit for Enforcement Request and the Writ of Seizure and Sale of Personal Property at the court where you received your judgment. The court staff will issue the Writ, and return the original to you. You must pay a fee for this.
File documents at the enforcement office
After the Writ is issued, you must file the documents at the . Enforcement offices are also called sheriff's offices. They can help you enforce your judgment from Small Claims Court. To find an enforcement office near you, check the Ontario Ministry of the Attorney General website.
At the enforcement office, file:
- the Writ of Seizure and Sale of Personal Property issued by the court
- a completed Direction to Enforce Writ of Seizure and Sale of Personal Property
The Direction to Enforce Writ of Seizure and Sale of Personal Property is what gives the sheriff's office information about the personal property to be seized. It's important to be as clear and specific as possible.
You will have to pay a fee and deposit to do this. The fee and deposit cover the expected costs of enforcing the Writ, such as:
- shipping the property
- storing the property
- advertising and selling the property
If all the money in the deposit is used before the property is sold, you may be asked to give the enforcement office more money to cover the rest of the costs.
Once the property is taken from the debtor, the enforcement office stores it until a public auction is held. Once the property has been sold, the money is paid to the court. The court will pay you the money the debtor owes you.