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I have an order issued at the LTB. Do I have to file a Plaintiff’s Claim at Small Claims Court?

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LEGAL ENFORCEMENTS & ACCOUNT RECOVERY


I have an order issued at the LTB. Do I have to file a Plaintiff’s Claim at Small Claims Court?


You received an Order at the Landlord and Tenant Board for a statement of arrears and the Tenant is not paying, you now want to collect your money. Unfortunately, you are not ready to collect just yet! You must go to Small Claims Court and turn your Order into a Judgment, but it is not a Plaintiff’s Claim, instead, you must have a Certificate of Judgment Issued. ***Please note, if you want to claim other money not in the LTB Order such as damages, you must complete a Certificate of Judgment, and do a Plaintiff’s Claim for money not listed in the Issued LTB Order. ***



*Forms to use: Form 20P and Form 20A.


Updated forms can be found here:

http://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/

To obtain a certificate of judgment you or a representative must complete and file a Form 20P along with a Form 20A. A Form 20P is an affidavit of enforcement and must be completed in full. A Form 20A is your certificate of judgment and must reflect the numbers indicated on the Form 20P affidavit of enforcement request.


You must file the Certificate of Judgment Form 20A and Form 20P to the court in which you intended to enforce the judgment. The courts will issue a Certificate of Judgment, and you use the Certificate of Judgment to move into enforcement stages.

If doing so by mail you will want to follow these steps: Print and send one affidavit of enforcement and 3 certificates of judgment. One for the original court, one for yourself and one for the new jurisdiction. Remember to send paid postage to have the documents returned to you.


The Small Claims Court Rule:


Rule 20.04 (1) states: if there is a default under an order for the payment of recovery of money, the clerk shall, at the creditor’s request, supported by an affidavit for enforcement request (Form 20P) stating the amount still owing, issue a certificate of judgment (Form 20A) to the clerk at the court location specified by the creditor. O.Reg. 393/09, s.17.


(2) The certificate of judgment shall state,


(a) the date of the order and the amount awarded.


(b) the rate of post judgment interest payable; and


(c) the amount owing, including post judgment interest. O.Reg. 258/98, r.20.04(2).


The Process is not hard, nor complicated but a necessary step to commence before you can enforce your judgment. If you are having difficulties enforcing a judgment at any stage, contact us at Legal Enforcements & Account Recovery, we are legal professionals, and private investigators who can help you at every step to enforce the judgment. Our services include completing forms, providing legal advice, and building a strategy for enforcement. At S2F Investigations as part of L.E.A.R we can uncover bank accounts, assets, and help to locate money for the collection purposes, find Defendants for Service, Serve Documents, perform Covert and Overt Investigations, and ultimately assist you in account recovery efforts.


When you are serious about finding someone or recovering your money call us at 289-302-3210 or send us an email at Info@LegalEnforcements.ca and we will develop a solutions package for you.


Visit our other helpful Enforcement Tips at https://www.legalenforcement.ca/blog

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