Chapter 10: Enforcing Small Claims Court Judgment

Enforcement of an order

lawful attempt to recover money or property pursuant to a court order

Judgment creditor

person entitled to enforce an order for payment

Judgment debtor

person against whom order for payment can be enforced

3 types of creditords

secured

preferred

ordinary

Courts can order these two types of payment

lump sum

periodic

Stay of enforcement

stopping enforcement by creditors against a debtor as long as debtor is complying with the court order

Should a debtor be in default of periodic payment, creditor may serve them with form

20L Notice of Default Payment

Once 20L Notice of Default Payment is served, the periodic payment order terminates when

15 days after service of form 20L

Once the periodic payment is terminated due to service of 20L, the creditor may file and serve form - along with a copy of - and proof of -

20M Affidavit of Default Payment

notice of default payment

service

Post judgment interest begins accruing on - and ends on -

judgment date

date it is paid in full

Rate of post-judgment interest is the rate for the - in which judgment was obtained

quarter that is before the quarter in which the judgment was obtained

Consolidation order

form of debtor relief in which debts are combined

To request a consolidation order a debtor must provide a

supporting affidavit

Wage Act say that an order may not exceed - of debtor’s wages

20%

Consolidation order will terminate immediately if

an order for payment is obtained after date of consolidation

debtor is in default under consolidiation for 21 days

Should a consolidation order terminate, what is the consequence

no further consolidation orders will be granted for 1 year after date of termination

Originating proess

document that commences a claim

Originating court

court where order is madeRe

Registering court

court where judgment is registred

What form is used when judgment is obtained in one district and creditor wishes to enforce it in another district

Certificate of judgment

Methods of enforcing an order

writ of seizure and sale of personal property

writ of seizure and sale of land

garnishment

Assets exempt from seizure

Canada Pension Plan benefits

Old Age benefits

EI benefits

80% of wages

WSIA benefits

insurance money

OWA benefits

Examination of Debtor is requested using form

20H Notice of Examination

Notice of Examination Form 20H must be served - days before hearing

30 days

Garnishee

person who owes money

Garnishor

creditor enforcing an order for payment/recovery by garnishment

What can be garnished

wages

commissions and tips

bank accounts

money from RRSP

money from mutual fund

accounts receivable

cash value of life insurance policy owned by debtor

payments from an estate

Forms used for enforcement

Affidavit for enforcement request (20P)

Notice of garnishment is form

20E

Writ of seizure and personal property is form

20C

Writ of seizure and sale of land is form

20D

Property seizure: exempt amount of household furnishings and appliances

$13,500

Property seizure: exempt amount of tools/other personal property

farmers: $29,100

others: $11,300

Property seizure: exempt amount of one motor vehicle

$6,500

Property seizure: exempt amount of principal place of residence

$10,000

How long does a writ of seizure of sale of land remain in force

6 years from date of issue but can be renewed