Winning the case isn't the same as getting paid.
A judgment is the court agreeing you're owed money — but collecting it is on you, not the court. Here are the tools to actually get paid, and the deadline that almost never runs out.
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In 30 seconds, here's what's true
- Winning a judgment doesn't mean you get paid automatically. The court won't chase the money for you — it's up to you to enforce it.
- You can garnish wages or a bank account, seize and sell property, or put a writ on the debtor's land so they can't sell it without paying you.
- For most debts, you can garnish up to 20% of someone's wages. For support debts it's up to 50%. You can't take their whole paycheque.
- You can have the debtor questioned under oath about their income and assets, using an examination hearing, so you know what's worth going after.
- A Small Claims judgment is enforceable for 20 years. So even if they can't pay now, you can try again later if their situation improves.
How the process works
Ask them to pay first
Sometimes a clear letter saying you'll start enforcement — garnishment, seizing assets — is enough to get payment without more court steps. Put it in writing and keep a copy.
Find out what they have
If you don't know their job, bank, or assets, request an examination hearing. The debtor must answer under oath about their income and what they own, which tells you what to target.
Garnish wages or a bank account
File a Notice of Garnishment to intercept money owed to the debtor. You can take up to 20% of wages for ordinary debts (50% for support), or funds in their bank account.
Seize assets or tie up their land
A Writ of Seizure and Sale lets the enforcement office sell non-exempt property. A writ against their land sits on title and can block a sale or refinance until you're paid.
Keep the judgment alive
If they're 'judgment proof' right now — no job or assets you can reach — you keep the judgment for 20 years. Start a free PLAIN session to plan your next move.
What to do next
- Send a written demand before starting enforcement.
- Request an examination hearing if you don't know their assets.
- Confirm the exact amount still owing, plus interest.
- File a Notice of Garnishment for wages or a bank account.
- Consider a Writ of Seizure and Sale of property.
- Register a writ against any land they own.
- Renew garnishments and writs before they lapse (every 6 years).
- Keep the judgment — it lasts 20 years.
Common myths
| Myth | Reality |
|---|---|
| Winning means I automatically get paid. | No. A judgment just confirms the debt. Getting paid takes separate enforcement steps that you have to start. |
| The court collects the money for me. | It doesn't. The court issues enforcement documents, but the work of collecting is on you, the creditor. |
| I can have them arrested for not paying. | No. People aren't jailed for unpaid civil judgments in Ontario. You collect through garnishment and seizure, not arrest. |
| A judgment expires after a few years. | A Small Claims judgment is enforceable for 20 years. (Individual tools like garnishments need renewing every 6 years.) |
| I can garnish their entire paycheque. | No. Generally you can take up to 20% of wages for ordinary debts, or 50% for support — not all of it. |
| There's nothing I can do if they won't pay. | You have garnishment, seizure of assets, and writs on land. And the judgment stays valid for 20 years. |
| I can take money straight from their bank without any step. | You need to file a garnishment naming the bank. Then the bank is required to pay over the funds it holds for them. |
| If they have no money now, the judgment is worthless. | Not necessarily. You keep it for 20 years, so if they get a job or assets later, you can enforce then. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with a licensed professional.
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