You won at court, but still haven’t been paid what’s owed to you. What now?

In this video, I’m going to walk you through how to obtain a writ of seizure and sale of property if a debtor refuses to pay the amount they owe you, despite being ordered to do so by Ontario’s Small Claims Court.

Hello, my name is Weiting, and I’m the CEO of Openroom.ca.

Today’s video is made in partnership with Courtready.ca, which builds practical tools and lessons for self-represented litigants across Canada.

Let’s start of with: what is a writ?

A writ lets the Small Claims Court’s enforcement office to, through a bailiff, seize specific personal items the debtor owns, sell them at a public auction, and then use the proceeds to help pay the judgment debt.

Step 1: Decide whether a writ makes sense

Before you start, pause and ask one question: Does the debtor actually own valuable personal property that someone can seize and sell?

This procedure can cost real money. So, do some homework first. If you can confirm the debtor owns items with real value, you improve your odds.

Step 2: Know what you can and cannot take

A writ targets personal property. That means physical possessions, not wages or bank accounts.

But the law also protects certain basic items. For example, a debtor can keep certain categories of personal property up to specific limits, including clothing, basic household items, food, and fuel, tools and instruments used for the debtor’s business, and a car.

In plain terms: you cannot use a writ to strip someone of basic necessities. You must aim for property that the law actually allows the bailiff to seize and sell.

Step 3: Confirm you are within the time limits to issue the writ

Don’t act too late. You must request it within six years after the court made the order. If more than six years have passed, you can still get a writ, but you must first get leave (in other words, permission, from the court.)

Step 4: Prepare the affidavit that proves how much the debtor still owes

To start the writ process, you file an Affidavit for Enforcement Request (Form 20P).

In that affidavit, you must state and describe:

• the court order you are enforcing, including the court location, 
• the amount still owing, 
• and pre-judgment and post-judgment interest. If you don’t know how to calculate this, use Courtready.ca’s free judgment interest calculator)

The key point: you must clearly identify what the debtor still owes today, not what they owed on the date of judgment.

Step 5: Prepare the writ form

Next, you complete the Writ of Seizure and Sale of Personal Property (Form 20C).

The rules also require the writ to show:

• your name, address, and telephone number; and
• your representative’s name, address, and telephone number (if you have one).

That detail matters because the bailiff must know where to send notices and updates.

Step 6: File the affidavit and writ with the Small Claims Court

You file both documents with the court where you obtained your judgment. You can also file online through the Small Claims Court Submissions Online portal.

Court staff will then issue the writ and return the issued writ to you so you can file it with the enforcement office.

You will pay a fee to have the court issue the writ.

Step 7: File the issued writ with the enforcement office (bailiff)

Once the court issues the writ, you must file it with the enforcement office (the bailiff responsible for enforcement).

At this stage, you move from “paperwork” to “action.” The bailiff cannot enforce a writ that you never file.

Step 8: Tell the bailiff exactly what you want seized and where to find it

You should give the enforcement office written instructions identifying what property you want seized; and enough detail to allow enforcement staff to locate it.

You can use a Direction to Enforce Writ of Seizure and Sale of Personal Property (Form 20O) for this step.

Be specific. If you want the bailiff to seize a particular item, you need to provide details that make that possible.

Step 9: Pay the enforcement fee and deposit

The enforcement office will require:

• an enforcement fee; and
• a deposit to cover expected enforcement expenses, called “disbursements.”

Disbursements may include things like freight, insurance, locksmith services, storage, mileage, and advertising costs for the auction.

If the bailiff spends your deposit before the process finishes, the office can ask you to top up the deposit.

This is one of the most important practical realities: you may need to spend money to try to recover money.

Step 10: Understand when the bailiff may refuse to act

The enforcement office has a duty to act reasonably and in good faith toward both parties.

That duty leads to a key point: the enforcement office can refuse to act if the expected costs of executing the writ are higher than the debtor’s equity in the property.

In other words, if the bailiff estimates that the seizure will cost more than it will produce, the bailiff may refuse to proceed.

Step 11: Seizure and storage of the debtor’s personal property

If the bailiff proceeds, enforcement staff will seize the items and store them until the bailiff holds a public auction.

At this stage, the bailiff controls the seized property.

Step 12: The debtor can request an inventory of what the bailiff seized

If the debtor asks, the bailiff must deliver an inventory of the personal property seized within a reasonable time.

This requirement protects transparency. It also helps prevent disputes about what the bailiff actually took.

Step 13: The bailiff must give notice and advertise the sale before selling anything

The bailiff cannot sell seized property without giving advance notice and advertising the sale.

The rule requires the bailiff to mail notice of the time and place of sale at least 10 days before the sale:

• to you (at the address on the writ), or to your representative; and
• to the debtor (at the debtor’s last known address).

The bailiff must also advertise the sale in a way likely to bring it to the public’s attention.

Step 14: Public auction and payment of proceeds into court

The bailiff sells the goods at the public auction.

After the sale, the proceeds go into court. The enforcement office then calculates the net proceeds, and the court pays out to the creditor or creditors who initiated enforcement.

“Net proceeds” means the system accounts for costs and fees before it distributes money.

Step 15: Special note if you target a vehicle, snowmobile, or boat

If you ask to seize a motor vehicle, snowmobile, or boat, you must provide proof that you completed specific searches and ownership checks. The goal is to confirm liens and confirm that the debtor actually owns the vehicle.

Practically, this step protects you from paying to seize something that has no equity left after secured claims.

Alright, time for our rental trio: your takeaways for this session.

A writ of seizure and sale of personal property can help you enforce a Small Claims Court judgment, but you need to plan carefully.

You will do best when you:

1. confirm that the debtor ACTUALLY owns valuable property that the law allows you to seize,
2. give the bailiff clear directions and good information, and
3. budget for enforcement deposits and expenses.

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And that’s a wrap! If you enjoyed this and learned something new - make sure to subscribe for weekly lessons. I’ll see you next week!

• Form 20P - Affidavit for Enforcement Request: A required affidavit for all enforcement methods that sets out judgment details, amounts owing, postjudgment interest, and payments received.
• Form 20C - Writ of Seizure and Sale of Personal Property: A writ directing the bailiff to seize and sell the debtor's personal property (vehicles, equipment, valuables) to satisfy the judgment.
• Form 20O - Direction to Enforce Writ of Seizure and Sale of Personal Property: Written instructions to the bailiff specifying what property to seize, where it's located, and detailed information to locate and seize specific items.
• Courtready.ca Judgment Interest Calculator: A free calculator that helps compute Ontario prejudgment and postjudgment interest using official quarterly rates published by the Ontario government.
• Small Claims Court Submissions Online Portal: The online platform where creditors can file Small Claims Court documents including writs and enforcement requests electronically.
• Execution Act, R.S.O. 1990, c. E.24: Ontario legislation that governs what personal property is exempt from seizure, including necessary clothing, household furnishings, tools of trade, and vehicles up to prescribed values.
• Ontario Regulation 657/05 - Execution Act Exemption Amounts: The regulation setting specific dollar amounts for exemptions: $13,150 for household furnishings, $13,150 for tools/equipment, $7,117 for vehicles, and $10,783 for principal residence equity.
• Rule 20.06 - Rules of the Small Claims Court: The rule governing writs of seizure and sale of personal property, including filing requirements, bailiff duties, and the six-year limitation period.
• Guide to Procedures in Small Claims Court - After Judgment: The Ministry of the Attorney General's comprehensive guide explaining enforcement procedures, forms, and step-by-step instructions for collecting judgments.
• Courtready.ca: A platform that builds practical tools and lessons for self-represented litigants across Canada, including calculators, guides, and interactive decision tools.
• Small Claims Court - Ontario Superior Court of Justice: The official court page providing information about Small Claims Court procedures, forms, rules, and enforcement options.
• Court Enforcement Offices in Ontario: A directory to locate the enforcement office (bailiff) where writs must be filed for execution in different territorial divisions across Ontario.