How do I enforce a small claims judgment in Canada?
After you obtain judgment, the court will not collect for you. You choose an enforcement method: garnishment of wages or bank accounts, a writ of seizure and sale of the debtor's property, or an examination in aid of execution (a debtor examination) to learn what assets exist. Each has its own filing fee, and most enforcement costs can be added to the debt.
Can I recover enforcement costs from the debtor?
Yes. Reasonable enforcement costs — filing fees for garnishments, writs, and bailiff or sheriff charges — are generally added to the judgment amount the debtor owes. However, you must front these costs and only recover them if collection actually succeeds.
What is a debtor examination?
An examination in aid of execution (called a hearing on judgment debtor or payment hearing in some provinces) compels the debtor to appear and answer questions under oath about their income, assets, and ability to pay. It helps you decide which enforcement method is most likely to work.
What if the debtor has no money or assets?
A judgment is only as good as the debtor's ability to pay. If the debtor is 'judgment proof' — no wages, no seizable assets, no bank funds — enforcement may cost more than you recover. Judgments in Canada remain enforceable for years and can be renewed, so you can wait for the debtor's circumstances to improve.