Enforcing Judgment: Getting Paid After Your Small Claims Court or Tribunal Case

Question: What steps should you take when enforcing a civil litigation judgment?

Answer:   Enforcing a civil litigation judgment requires the Judgment Creditor to initiate proceedings by properly completing an Affidavit for Enforcement Request (Form 20P) along with the relevant Notice or Writ.  If the judgment is from a different territorial jurisdiction, obtaining a Certificate of Judgment (Form 20A) is essential.  Errors in documentation can lead to delays, so having your documents prepared or reviewed by Anderson Aylwin Begg & Co. Legal Services Professional Corporation can help ensure a smoother enforcement process.

Initiating Enforcement Processes

When a civil litigation Judgment has been issued by the Small Claims Court, issued as a Restitution Order of the Ontario Court of Justice, or as an Order of a Tribunal where the sum of money falls within the enforcement jursidiction of the Small Claims Court, and the Judgment Debtor has failed to make the required payment in a voluntary fashion, the process of enforcing the Judgment may begin.  The responsibility to initiate enforcement proceedings is that of the Judgment Creditor whereas the court is uninvolved in any proactive steps to enforce the Judgment.  When initiating enforcement proceedings, understanding the procedural and documentation requirements is crucial.

Territory of Judgment

When enforcement proceedings are initiated within the same territorial jurisdiction as the court that issued the Judgment, the process is relatively straightforward with only the proper completion and filing an Affidavit for Enforcement Request (Form 20P), accompanied by the relevant Notice or Writ, being potentially troublesome.

Transferring Judgment to Another Territory

If the Judgment was issued in a different territorial jurisdiction than where the enforcement proceedings are being initiated, a Certificate of Judgment (Form 20A) must be obtained from the originating court.  This document confirms the validity of the Judgment to the enforcing court and is necessary to facilitate enforcement within the court of different jurisdiction.  While completing the Certificate of Judgment is generally straightforward, a common error is the failure to ensure that the title of proceeding matches all prior documents from the originating litigation.  Confusion sometimes occurs due to an apparent quirk upon the Certificate of Judgment form whereas the fields for providing the title of proceeding details include a line labelled, “Debtors”, which can be confusing if only one or some of the Defendants, or possibly the Plaintiff if there was a counterclaim or Order of Costs against a Plaintiff, were found liable within the Judgment.  The confusion can be even more so for matters that involved multiple parties.  Whereas errors may result in nullified enforcement proceedings, with resulting delays that may be prejudicial to the overall enforcement effort, having enforcement documents professionally prepared, or at the least reviewed, is highly encouraged.