Whether the Courts sides in your favour or not, there may still be more to do.
Self Advocacy 101 - After Judgment
Appeals
Most decisions can be appealed. If you are unhappy with the decision you must act fast. Timelines for filing an appeal are usually short, anything from a few days to a month. Before appealing, keep in mind that appeals are not usually a rehearing. The Court of Appeal is generally interested in hearing how a judge may have made a an error of law.
Collection
Courts are not in the business of collection. An Order or a Judgment will give you the basis to make a demand from the other party but additional steps may be needed to collect the money you are owed.
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.
Here is more information about Enforcing a Court Order from Nova Scotia's Small Claims Court.
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
