How do I have the defendant’s property or land seized and sold through Small Claims Court?
If the debtor does not pay, you can have their assets seized.
To do this:
- Fill out and bring to the court a Writ of Seizure and Sale of Personal Property form or Writ of Seizure and Sale of Land and Affidavit for Enforcement Request.
- The court will give you forms to take to the enforcement office.
- Give the enforcement office details about the items you want taken and where to find them.
- Payment of an enforcement fee and deposit need to be paid to the enforcement office to cover expenses.
The enforcement office will seize the assets or land and sell them at a public auction. The enforcement office will pay the amount received for the goods to the court. Part of this money will be used to pay the court back for costs like storing the goods and advertising the sale. You will receive the money that is left over, but not more than you are owed.
More on Enforcement
Enforcing an out of Province Judgment in Ontario Enforcing a judgment within a different Ontario Jurisdiction How can I locate someone and identify if they are employed? How do I garnish the defendant’s/debtor’s money or other assets? Is it worth it to sue in Small Claims Court? What if the person/company does not have a job/revenue now?
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