Collect a Small Claims Judgment – 5 Steps
Jan 12, · How To Collect Your Money in a Small Claims Case Do Not Harass the Debtor. Businesses that regularly attempt to collect debts for another's business' consumer customers Collecting Your Money Judgment in Contested Cases. If the defendant appeared in court, fought the case, and lost, you. Dec 14, · Three Tips for Collecting on a Small Claims Judgment. Just Ask. Don't just walk away from the courthouse shaking your head. Contact the debtor (face-to-face is best) and ask politely. Say, "When will you be able to give me the money you owe me?".
Give it a try! The court will not collect the money for you. But the court will issue the clakms and other documents you may need to collect your judgment from the debtor the party that owes you money. Keep in mind that not all judgments are collectable because the debtor may not have claim income or ckaims of value. Read Tips for Collecting Your Judgment for more information on how to start the process of collecting the judgment.
And for specific ways you can collect your judgment, read Ways to Collect From the Debtor. Skip to hwo content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. Collect Your Judgment.
Try our new step-by-step format! We're improving online instructions for Small Claims! If you win the case and the judge issues a judgment in your favor, you can collect your judgment. You cannot start collecting until: The time to what role did women play in ww2 runs out how to build a raised deck for a hot tub days after entry of the judgment ; or If there was an appeal and you won, after the appeal decision judgment is sent back to the small claims court, usually about 10 days after the appeal decision.
There are how to collect small claims initial steps you can take: Give the debtor an address where he or she can mail the money you are owed. You can offer to accept less than the whole judgment if the debtor pays right away. But if you agree to smxll less than the whole judgment, you will give up your right to the rest of the money.
If the debtor does not pay you by the date the court ordered, write him or her a letter and include a copy of the court order. Remind the debtor that he or she owes you money and that you may have to follow more serious steps if he or she does not pay you voluntarily. Talk to a lawyer. If the clamis will not hoa, it can be complicated, expensive, and take a lot of time to collect your money.
What Should I Tell The Judgment Debtor?
Dec 01, · You have three options to collect a small claims judgment: A bank levy Wage garnishment A real estate lien. Jan 24, · Collecting on a Small Claims Judgment Let’s assume you’ve followed all the correct procedures, including filing the right paperwork, properly serving the debtor with notice of your small claims action, you won. Congratulations, but now you must deal with collecting from the person or entity that failed to pay you in the first place. There are a number of different ways you can try to collect your money. You can register the judgment. You can try to use the judgment to convince the judgment debtor to pay you. You can investigate to see if the judgment debtor has the means to pay you.
It is probably not a good idea to contact the debtor in person. Some debtors will scream harassment or rape or whatever they think will make you go away.
It happens frequently. Inform the judgment debtor that the court has made a judgment against her. You may agree to accept payment in full or on a specified schedule.
Not a good idea since she obviously does not pay her debts or you would not have judgment against her. You can remind the judgment debtor of the following consequences of not paying: It can affect the judgment debtor's credit rating. This may prevent the judgment debtor from getting a loan, buying property, getting a credit card, etc. Usually people who are judgment debtors have worthless credit ratings and owe money all over town.
So they don't care about their bad credit rating. It can tie up the judgment debtor's property. You can take further legal steps including garnishee her wages or bank accounts, if the judgment debtor refuses to pay. The amount payable will increase with interest and costs of enforcement. Should You Sue. Small Claims Court Help. Collecting Judgments. Contact Small Claims Court. Ontario SCC Courts. Credit problems? About Judgment Enforcement A judgment is a simple court ruling that the defendant owes you money which gives you legal powers to collect from the judgment debtor.
The money is payable immediately. However the courts will not collect the debt, so getting a judgment is not a guarantee of payment. It is not the court's job to collect the money. If you are the successful party called the judgment creditor you will have to begin the process to collect the money from the unsuccessful party called the judgment debtor. There are a number of different ways you can try to collect your money.
You can register the judgment. You can try to use the judgment to convince the judgment debtor to pay you. You can investigate to see if the judgment debtor has the means to pay you. You can start enforcement proceedings. The more you know about the judgment debtor's financial situation, the easier it is to pick a method that will be successful. Convincing the Judgment Debtor to Pay Up You may try using the judgment to convince the judgment debtor to pay you.
Sometimes initial contact with the judgment debtor may convince the judgment debtor to pay you. You can contact the judgment debtor by registered mail, by phone or in person. If you do not want to approach the judgment debtor yourself, you might be able to hire a collection agency to help you convince the debtor to pay. Collection agencies usually only work for businesses. Registering the judgment in the Personal Property Registry. By registering the Judgment you may get paid if the debtor decides to sell or mortgage that property.
The debtor might also want to pay the judgment to clear his or her credit rating. The paralegal who performs the search will charge you for this service. There is a fee for this service. You can find out the property location, the tax account number, the assessed value of the property, and whether the property is a registered Land Titles parcel. Find out if there are other judgment creditors by checking at the sheriff's office, the clerk's office or the Land Registry.
There are fees for these searches. Contact other judgment creditors to see if they are willing to share information with you. Do a search at the Motor Vehicles Registration Office to find out if the judgment debtor owns any vehicles, such as a car or snowmobile.
Make your request in writing, including the reason for your search and include the search fee. Look at past cheques to or from the judgment debtor to find a bank account number and bank branch.
Also, you or your bank can do a credit check if you belong to a credit bureau. There are several legal steps available. However, first you may want to consider your options. Determine if the Judgment Debtor Can Pay You should find out about the judgment debtor's income and assets. Try to find out whether he or she has enough equity in them to cover the judgment. For example, is the judgment debtor still making payments on the new car in her driveway?
Consider that a forced sale may not yield the full value of the property. Are There Other Creditors? Find out if there are other creditors who are trying to enforce claims against the debtor. You may have to share any proceeds proportionately with other creditors. Remember, if other creditors are secured creditors you may not benefit by seizing and selling the property.
A secured creditor has a lien on a specific piece of property tied to a loan, like a mortgage, and will have priority over you. What Expenses Will There Be? It usually costs money to collect your money. You must decide if the additional costs are worth it. You can use any of the available collection options. Collections costs are out of your pocket and you cannot recover them from the debtor. Is it worth the effort and expense to collect your judgment.
However, there is no guarantee that you will get full payment. So it is up to you to decide how much time and money you will put in. If you can not collect, at least the judgment will remain on the deadbeats credit record for years. Can You Investigate the Judgment Debtor? No, but you can hire a paralegal to try to get information about the judgment debtor's financial state.
You can try to find out: if the judgment debtor can pay you; what the debtor owns and how much equity she has in it. What Else Should You Know? If the judgment debtor goes bankrupt, the rules change completely. You will not be able to continue with enforcement proceedings. Many potential complications may arise during the enforcement process.
For example, there may be a dispute about who really owns the property, property may be jointly owned, or there may be security interests. After you receive complete payment for the judgment, you must discharge a Notice of Judgment at the Personal Property Registry within 30 days.
Judgment Debtor Examination If the judgment debtor refuses to say whether he or she can pay, you may get a court order to have the judgment debtor submit to an examination. The judgment creditor and the clerk ask questions about the judgment debtor's assets and ability to pay. The judgment debtor must answer the relevant examination questions.
If the debtor can pay, the clerk may make an order to pay by instalment. If the judgment debtor does not respect the order, you will need a lawyer to take civil action for contempt of a court order. Enforcing Your Judgment You must register the judgment in the Personal Property Registry before you start these proceedings against the debtor's personal property.
There are two main procedures to enforce a judgment: Seizure and Sale, and Garnishment. What is Garnishment? Garnishment is a court order demanding that a third party who owes money to a judgment debtor pay the judgment creditor instead. For example, if the judgment debtor has a bank account with money in it, the court can require the bank to pay you. To get a garnishment order, you must apply to the court. What is an Order for Seizure and Sale?
It is a court order which directs the sheriff to try to seize and sell some of the judgment debtor's property to pay the judgment.
To get one, take your judgment and a copy of your verification of registration in the PPRS to the clerk at the Court Office. Ask for an Order for Seizure and Sale. Fill it out completely and take the order and a copy of your verification of registration in the PPRS to the sheriff's office. Do this in a district where you think the judgment debtor has property. The order is enforceable throughout the province.
Some property is exempt from seizure and sale. This includes some furniture and appliances, as well as one motor vehicle to a certain value. Property which is not exempt is called exigible. All exigible personal property must be sold before you can seize and sell land.