The Collection Process
Sometimes when you win a judgment in Small Claims Court or Supreme Court, the person who owes you money will pay it promptly or make arrangements for scheduled payments. At other times, the person who has been ordered to pay ignores the order. They will not or cannot pay. If this is the case, there are a number of ways to enforce a Small Claims Court or Supreme Court order.
One option involves an Execution Order, enforced by the Sheriff's Office, to garnish the debtor's wages. If you know where the debtor works, you may want the Sheriff to serve the debtor's employer with an execution order. The order requires third parties, such as employers, to pay the money owed from the debtor’s wages.
However, enforcing a court order is complicated. Among other things, the Sheriff’s Office will need an execution order, a verification statement, and additional information as well as certain fees.
Go here for more information about Enforcing a Court Order, from Nova Scotia's Small Claims Court.
The following video provides an overview of the collection process:
Self Advocacy 101 - After Judgment
Important Notes on Execution Orders
The order will distinguish how it will take the money via garnishing wages, seizing property or tax refunds.
There are certain items that are not normally included in Execution Orders:
- Insurance Settlements
- Child Support
- Tax Credits