No matter how careful we are, occasionally everyone gets taken by a deadbeat or stuck with shoddy merchandise or products. Invoices go unpaid. Collection letters and phone calls are a waste of time. Sometimes people just won't pay your bill. So what can you do?
Sometimes the only way to collect what is owing you is to sue. So when all else fails, don't just write off that debt, take them to court, but first make sure they have assets or an income. There is no point suing if you cannot collect.
Small Claims Court, with a claims limit of up to $25,000, (limit varies by province) is an easily accessible self-help remedy designed to make it worthwhile for individuals and small business to pursue accounts without a lawyer, but you need to do your homework and learn how best to use this valuable tool. Basically it will take close to a full year to go through the whole process from start to collecting, providing you can collect.
You Got Your Judgment. Now What?
Guess what, the courts will not help you collect your judgment. You have to do that yourself. A Paralegal can do it for you at a reasonable cost.
Do not throw good money after bad. Make sure the debtor has some way of paying you. You cannot get blood from a stone.
First, you need to determine if the debtor has any way of paying you. Does she have a job, an income, assets, a bank account? There are ways to find out. You could track it down yourself if you have the time and are lucky.
But collecting your money from the debtor, deadbeat can cost more than it is worth. Be careful. No point in spending $500 to collect $600. It is not worth it.
ASK A PARALEGAL:
Collecting a judgment can be daunting. If the debtor is determined not to pay, a professional deadbeat, you will have a huge problem
Talk to a Paralegal about collecting your judgment.
Tell him or her what you know about the debtor and they can advise you if it will be possible and practical, to collect your judgment, collect your money. Many times, your court judgment is just not worth the cost and time of collecting. You are just throwing good money after bad.
Paralegals have resources like skip tracing, ways to search for the debtor's assets, bank accounts and the like which you do not.
Paralegals know how to use the Small Claims Court judgment Debtor proceedings to help you collect
Judgment Enforcement Services
GETTING A JUDGMENT IS ONLY THE FIRST STEP.
You may never see what you were awarded. Simply put, a judgment is not an assurance that you will receive what you are entitled to.
However, it is an order which gives you the right to enforce it in many ways.
A paralegal will help turn your judgment into dollars!
Paralegals have the tools necessary to locate both the debtor and the debtor’s assets. It is necessary to determine whether the debtor has any assets to be seized and sold, as well as any bank accounts or current employment where funds can be garnished.
You or a paralegal can take any or all of the following steps to collect your judgment:
Judgment Debtor Examination Hearing – A paralegal can summon the debtor or a third party before the court and question him/her about the debtor’s assets.
Notice of Garnishment – A paralegal can file appropriate documentation with the court to demand payment from a third party, such as an employer or bank that owes the debtor money, who would pay you based on the court order.
Writ of Seizure and Sale of Personal Property – A paralegal can make a request to court for permission to seize and sell the debtor’s personal property in order to pay the judgment debt.
Writ of Seizure and Sale of Land – A paralegal can make a request to court to register a writ with any jurisdiction that the debtor may own land in, preventing the debtor from purchasing, selling or mortgaging the property before paying out the judgment.
Writ of Delivery – A paralegal can make a request to court for enforcement officials to seize an item and return it to you as the legal owner.
A paralegal can also enforce judgments from other Tribunals such as the Landlord and Tenant Board.
GET A PARALEGAL
IF YOU WANT TO WIN:
If you have no experience or simply want to maximize your chances of winning, use a paralegal. Paralegals usually know a lot more about small claims matters than lawyers and are much better at preparing, presenting and winning. not to mention much, much cheaper than lawyers.
We would go so far as to say never use a lawyer in small claims court. Use a paralegal
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