4. Get a Writ of Seizure and Sale

How do I collect the money I'm owed?
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4. Get a Writ of Seizure and Sale

If you win your Small Claims Court case and the debtor doesn't pay you, you may be able to force them to sell their property to pay you back. This is called getting a Writ of Seizure and Sale.

There are two types of seizure:

Seizing and selling land or personal property can be expensive. It's usually a good idea to try to get the money owed to you in other ways first.

You may not be able to seize and sell their property if the debtor:

  • doesn't have anything to sell
  • doesn't have enough equity in their land

Writs for Seizure and Sale of personal property or land expire 6 years after they're issued, unless you ask the court for an extension. This means that you have 6 years to take and sell the debtor’s property.

You May Also Need

Ontario Ministry of the Attorney General
Ontario Court Forms
Reviewed: February 23, 2017

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