Small Claims Court - You received Judgment: What happens next?
Trial is over, the judge’s decision is in your favour, what happens next? Most people think that they will automatically be paid by the debtor, but that isn’t always the case.
What you need to know?
- Judgment is an Order of the court, not a guarantee of payment
- In order to “get paid”, you might need to enforce
- Enforcing Judgment can occur in several different ways
How to Enforce Judgment
There are several different ways you can go about enforcing the judgment.
Contact the debtor-speak with the debtor about paying the judgment in full or negotiate a payment plan.
Apply to the Court for a Debtor’s Examination- the debtor must complete a financial information form and bring it to the hearing. At the examination hearing, the debtor will reveal any and all income, property, and potential sources of income. Once the creditor has this information, they can enforce judgment by:
- Garnishing Wages-a creditor can apply to the court to garnish the debtor’s wages, meaning a portion of their wages is directed to the creditor to pay the judgment
- Garnishing Bank Accounts-the court can also issue a garnishment order to seize funds from the debtor’s bank accounts
- Writ of Seizure and Sale-if the debtor owns personal or real property, the creditor can apply for a Writ of Seizure and Sale, which allows the sheriff to seize and sell the property to satisfy the judgment
Navigating Enforcement doesn’t need to be difficult
Enforcing a judgment can be a time-consuming and often overwhelming process, but you don’t have to navigate it alone. Our office is here to help simplify the enforcement process and take the pressure off your shoulders.
We have the knowledge and experience to take the next steps efficiently and effectively.
If you’re ready to move forward and want someone in your corner, don’t hesitate to contact Sicotte Guilbault- we’re here to help make enforcement easier for you!
