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Jennifer_95 · Mar 5, 2007, 01:59 PM

I have tenants that were evicted and they now owe $5500.00 in back rent, a tribunal order was issued in that amount and they have now moved. I have there social insurance number and there job information along with there new address. What should I do to get my money, do I go to small claims court, get a garnishment hearing? And how do I do this and get Ontario Small Claims forms. Also what are my chances of getting this money back?

Justice Matters · Mar 5, 2007, 05:22 PM

Enforcement of Tribunal money orders is done through the Ontario Small Claims Court but to do so you will need to provide the court with an original sealed copy of the order.

Thereafter, and if memory serves me, you need only complete an Affidavit for Enforcement Requests and a Notice of Garnishment (along with a Garnishee's Statement) and take it to the court for processing. You then serve it on the debtors and their employer. Later you will need to complete two Affidavits of Service stating how and when you served the for debtors and their employer.

Take note that enforcement proceedings must take place in the jurisdiction where the debtors currently reside. If they are now in a different jurisdiction you would need to first go to the court in the Tribunal's jurisdiction and complete an Affidavit for Enforcement Requests asking for the judgment/order to be transferred to the new jurisdiction by way of a Certificate of Judgment (you will need to have the Certificate of Judgment ready for processing too). Once at the court in the new jurisdiction you would proceed as we have already indicated.

You can download all the necessary forms at Ontario Court Services

Jennifer_95 · Mar 6, 2007, 07:42 AM

Thank you for the answer I just require a bit more information. What are the fees associated with processing these forms? Also if in the couple that was renting one of them is on unemployment will this allow me to garnish his income? I am also unsure about what information I need to fill out on each form. Thank you!

Justice Matters · Mar 6, 2007, 02:04 PM

To answer your questions:

1. The court fee for filing a Notice of Garnishment is $100. Such notices are debtor and garnishee specific. For more information on court fees visit

Administration of Justice Act - O. Reg. 432/93

2. Employment insurance income is exempt from garnishment.

3. If you are unsure how to complete the forms and are looking for free help in this regard you may need to visit your local Small Claims Court where court staff can provide limited assistance in this regard. Otherwise, you may need to retain a legal professional to do it for you.