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You have an order from the Landlord and Tenant Board or the Small Claims Court.

How come no one is paying you?  You had to wait 10 or 14 months just for your hearing, you

win and still no cash is coming your way. You may need professional help getting paid. Call us

for your free consultation. 

A little known fact is getting an order or a judgment is frequently just a starting point for getting

paid. The Court or Tribunal has issued an order or judgment and then leaves it up to you to

“enforce” the order, which means to go get your money. Sometimes Debtors pay when the

order is made, other times you have to enforce the order or judgment.  The best collection method is the one that puts money in your bank account!!! 

The first and initial consideration in enforcement is do you have the correct names?  A

Judgment or Order is only enforceable if the names are correct. A garnishment for Dick Taylor

will not likely be honoured against Richard Taylor. There are some workarounds and there are

occasions where it will be necessary to fix the order or judgment prior to enforcement.

For an LTB order, you have to file the order with the Small Claims Court and then begin

enforcement, with an order from the Small Claims court, you can begin filing enforcement

documentation directly.

GET YOUR MONEY

There are as many methods to enforce an order or judgment as there are debtors. Which one

is best?  The one that gets YOU paid!!  There are different options to fit different circumstances.

If you have limited information on a debtor, it may be necessary to start with a skip tracer to

discover more information to be used for enforcement purposes. Once you have your

information, you can select among many options, including but not limited to:

1) You can file your order with a collection agency, if you have a debtor with an interest in

maintaining their credit rating, this can be an effective way to collect. However, if your

debtor does not have an interest in maintaining a credit rating, they will simply ignore this

process and eventually the collection agency will suggest legal action to collect the debt.

Depending on your situation, you may wish to go to Legal Action directly as an

enforcement method with more bite.

2) You can file a writ of real property. A Writ is a lien, essentially, against someone’s

property that notifies the world you have an enforceable judgment against the equity of

the owner in the property. If the amount is high enough, you can actually force the sale

of the property, though that is an expensive proposition. More practically, people get

paid when there is financing on the property going in or the property is sold and the writ

is paid out. This is effective only where the Debtor owns real property.

3) You can file a writ for possession of personal property. If for example a debtor owns a

vintage automobile, you can file a writ and seize the vehicle. There are many steps to

that process but in the right circumstances, seizing a vehicle, a boat, a trailer, a

motorcycle, can be effective.

4) You can Garnish Wages, if the person is employed., You can Garnish a Bank account,

you can also garnish anyone who owes the Debtor money. As an example, if a

contractor is doing work on a property, you can garnish the property owner for all monies

owed to the debtor, redirecting those funds to you.

5) You can, when Small Claims Court resumes hearings, file for a Judgment Debtor

examination where you examine the Debtors assets under oath and where the Court

compels the Debtor to provide you with information like bank accounts, customer lists,

etc.

You can always negotiate a payment plan or lump sum settlement.

The best collection method is the one that puts money in your bank account.

When it comes to collecting on a judgment or order, knowing what options are available, the

costs, the time involved and the potential rewards all lead to effective enforcement. You need

someone willing and capable of understanding you and your Debtor and working the system to

get you paid!!

*** Critical information to consider prior to spending money on enforcement is the Debtor’s

financial circumstances. If a Debtor has no assets, no employment and no garnishable income,

(many social assistance programs and pensions are not garnishable) a Debtor may be

considered Judgment proof and money spent on enforcement is unlikely to be successful. A

Debtor can also declare bankruptcy, ending enforcement proceedings. ***

For more information, fill out the form below to send a direct inquiry to Parsons Legal

ATTENTION: Confidential details about your case must not be sent through this website.  Use of this website does not establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website only for an introduction with a Parsons Legal representative.
Parsons Legal

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P: (289) 207-9833
E: paladinparalegal@gmail.com

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