Enforcement of Money Judgments
One of the responsibilities of Sheriff Services is the enforcement of money judgments – i.e., court judgments or orders that require one person (the judgment debtor) to pay money to another person (the judgment creditor).
When a court makes a judgment in a civil matter it may declare that one person has a right to recover money from another person. The successful party - the judgment creditor - will have to begin the process to collect the money from the unsuccessful party - the judgment debtor.
As of December 1, 2019, the judgment enforcement process is governed by the Enforcement of Money Judgments Act.
A judgment creditor who would like a sheriff to enforce a judgment should do the following:
1. Obtain a certified copy of the judgment from the court. If the judgment will be registered in the Land Registry, the judgment creditor should obtain two certified copies.
2. Register the judgment in the Personal Property Registry (PPR) for one or more years and print a verification statement. Search the PPR under the name of the judgment debtor and print a search result report. If the judgment creditor does not have an ACOL account, a service provider can be used. A list of service providers can be found here.
3. (Optional) Register the judgment in the Land Registry through the Provincial Land Registration Office (1-888-621-9789).
4. Complete an enforcement instruction. This form is available on request from any sheriff’s office. Send or hand-deliver the enforcement instruction to a sheriff’s office along with the following:
• the certified copy of the judgment;
• the verification statement;
• the search result report;
• a fee of $120; and
• if the judgment has been registered in the Land Registry, a certificate of registered ownership showing the registration of the judgment (Land Titles) or a copy of the judgment as endorsed by a registrar of deeds (Registry).
Additional fees and expenses will be payable if the sheriff seizes or attempts to seize the judgment debtor’s property or income.
Unless otherwise specified, Fees exclude the harmonized sales tax (HST).
|Fee Description||Rate in $||Effective Date|
|For initiating enforcement action under section 42 of the Enforcement of Money Judgements Act||120.00||2019-12-01|
|For a seizure or an attempted seizure under the
In addition to the least of the following amounts:
1. 10 per cent of
a) The enforcement proceeds, or;
b) If applicable the enforcement proceeds that will remain after payments are made under paragraph 91(1)(a) of that Act;
2. 10 per cent of the amount of the judgement that remains unsatisfied at the time of the seizure, and
|For the provision of a Sheriff’s certificate under subsection 66(1) of the Enforcement of Money Judgments Act||50.00||2019-12-01|