Understanding Enforcement in Ontario: Writs, Garnishments, and More

Hi Everyone, it’s Kristy from Clearly Legal.

Today, I want to talk with you about the enforcement of judgments in Ontario—the tools that allow a creditor to ensure court-ordered obligations are carried out when a debtor does not pay or give back property voluntarily. These processes are critical in litigation, and knowing how they work can make all the difference in collecting debts or securing property.

🔹 Garnishments

A garnishment occurs when a creditor gets paid through a garnishee, who takes funds or wages directly from the debtor and passes them on to the creditor. This process ensures that the creditor receives payment even if the debtor is unwilling to pay.

🔹 Writ of Delivery

This is used when the debtor has possession of the creditor’s property and is refusing to return it. A court order is issued to return the property to its rightful owner.

🔹 Writs of Seizure and Sale

• Of Land: The creditor can file a writ against a debtor in any county or district where the debtor may own land, this can include a house. The writ would encumber any land presently owned or land which may be purchased in the future by the debtor in the location where a writ is filed.

• Of Personal Property: Permits the seizure and sale of personal property such as vehicles or valuable assets.

🔹 Writ of Sequestration

When a debtor is not complying with a court order, the creditor may obtain a writ of sequestration. This writ allows the creditor to take possession of the debtor’s property until compliance is achieved.

🔹 Writ of Possession

This writ authorizes a creditor to take possession of land from a debtor, often resulting in eviction. It is commonly seen in mortgage enforcement and tenancy disputes when property must be recovered.

💡 Why Work With Me in Enforcement of Judgments in Ontario

I have significant experience with enforcement processes, from garnishments to writs of possession. I have also spoken with law clerk students about how to begin these procedures, helping them connect theory to practice. My expertise means I can ensure enforcement steps are taken correctly, reducing delays and avoiding costly mistakes.

📩 Let’s Connect. You are a lawyer, paralegal, or firm that needs guidance on enforcement, or if you’re looking for mentoring in these processes, I’d be happy to help.

👉 Contact me at kristy@clearlylegal.ca to discuss how my knowledge can save you time and money.