LEGAL ENFORCEMENTS & ACCOUNT RECOVERY
What you need to know to collect a Judgment or Order
You have obtained a Judgment or Order from the courts or tribunals of Ontario, and now you are wondering how to get your money? The hopeful situation is that a Defendant simply pays you the sum of money, and it is over.
Unfortunately, this is not always the case, and in many situations, the Defendant flat out refuses to pay for the Judgment. You are furious at this point, and obviously aggravated. You have spent good money to obtain this Judgment, and now you have an order, but the Defendant is not paying.
What do you do?
In Ontario, there are numerous enforcement mechanisms to collect a Judgment or Order. However, before you can enforce a Judgment or Order, you need to know where the Defendant has money, assets, and finances to pay for the Judgment or Order.
Without knowing where the Defendant has assets, money, and banks accounts, you cannot enforce anything.
Essentially, and an unfortunate reality is that you have piece of paper that says you are owed, but a piece of paper is useless without the ability to collect.
Therefore, the number one step before attempting to enforce a Judgment or Order is to understand where the Defendant has or is hiding his or her assets for enforcement.
In many cases, the information to access and enforce a Judgment is unattainable by the lay persons. That is where you can hire companies to assist with tracking down assets and bank accounts.
With L.E.A.R Legal Enforcements and Account Recovery, our team can assist you in locating assets to enforce. We can assist with finding bank accounts, assist with finding out where the Defendant works, if he or she has assets, and where other sources of finances are coming from.
Another means to finding out information is scheduling an Examination Hearing with the Small Claims Court. At an Examination Hearing, you can ask the Defendant all financial questions to ascertain the ability of the Defendant to pay the Judgment. To start with an Examination Hearing, you need to complete the proper court documents, schedule the Examination Hearing, personally serve the Defendant or person to be examined, and then file the correct affidavit with the courthouse.
You should also be prepared with the correct questions to ask, and the proper steps for conducting an Examination Hearing. The judge cannot assist you in asking questions, or doing your case for you, so it is best to come prepared with a sheet of questions and know the information you need before attending. If you are uncertain how to proceed, you can consult with a Paralegal at L.E.A.R Paralegal who can assist you with the matters of an Examination Hearing.
Once you obtain the information from the Examination Hearing or a Skip Tracing Service like S2F Investigations with L.E.A.R, you will need to act quickly to enforce. Some methods of enforcement include:
Notice of Garnishment
Notice of Garnishment Hearing
Writ of Seizure and Sale of Land
Writ of Seizure and Sale of Personal Property
Direction to Enforce Writ of Seizure and Sale of Personal Property
One of the most difficult components of Judgment Enforcement is not the forms themselves but tracking down the assets and finding the money to collect and enforce.
If you have struggled to enforce your Judgment, you are not alone, we help companies and individuals enforce Judgments from uncovering assets, completing legal documents, and attending hearings, as necessary. We are an unbundled service where you can hire us for one task, or for representation.
If you’re having a difficult time collecting your owed money on an Order or Judgment contact us at 289-302-3210 or by email at LearParalegal@gmail.com or for investigations email us at FrontDesk.S2F@Gmail.com our friendly staff are here to assist with your Judgment collection, or uncovering assets to collect.
Legal Enforcements & Account Recovery
4551 Zimmerman Avenue,
Niagara Falls, Ontario L2E 3M5