YOU OBTAINED JUDGMENT AT SMALL CLAIMS COURT, WHAT’S NEXT?
In a previous Mississauga small claims court paralegal blog, a brief overview was discussed when filing a Small Claims Court action. Below is an insight to some of the next steps following to enforce a small claims court judgment and collect the money you are owed.
Unfortunately, the Court will not be able to collect the money for you, however enforcement procedures are available and should commence immediately. In order to commence Small claims court judgement enforcement proceedings, you will need information about the Defendants finances and assets. If you are unsuccessful in obtaining that information, we can assist.
A Judgment Debtor Examination Hearing is an opportunity to ask the Defendant detailed questions under oath about their finances and assets that they own.
In order to obtain a successful garnishment, you need to obtain the debtors employment details or banking information. We'll take care of the rest and served the garnishee to commence the garnishment.
WRIT OF SEIZURE AND SALE OF PERSONAL PROPERTY
This method of a small claims court judgement involves the Creditor being able to seize the Debtors personal property and have them sold at a public auction. The money generated is used to satisfy the debt. It is crucial to note that there are rules as to what personal property can be seized from the Debtor.
WRIT OF SEIZURE AND SALE OF LAND
If the Debtor owns land, the Creditor may file a writ for the seizure and sale. Although, there are additional rules that must be followed in order to be successful. The enforcement procedures are very complex and time consuming. Documents must be filled out correctly, otherwise an error may result in the Creditor being unable to commence the enforcement.
Hiring Balatidis Legal Service - a Mississauga small claims court paralegal to assist you will save you time and money. If you are a Creditor looking to collect the money you are owed, do not hesitate to contact Balatidis Legal Services.
We believe affordable justice matters and should be accessible to everyone. Trust the professional advice of Balatidis Legal Services; a Mississauga small claims court paralegal servicing Brampton, Toronto, Oakville, Burlington and Hamilton.
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