Once an LTB order for payment is issued, it has the same legal weight as a court judgment, but only after being registered with the Small Claims Court. This process allows you to use the full range of court enforcement tools to recover money owed, including seizure of property, garnishment of income, or liens on land.

The key to successful enforcement is determining whether the person or business against whom the order was made has collectible assets or income. Examples include:

• Real estate (homes, rental properties, land)

• Vehicles or equipment

• Bank accounts and cash on hand

• Wages or salary from employment

• Furniture or other valuable personal property

We use affordable investigative techniques to identify these assets before recommending the most effective enforcement strategy.

There are three primary ways to enforce an LTB payment order through the Small Claims Court:

1. Writ of Seizure and Sale of Land: If the opposing party owns real estate, a writ of seizure and sale of land can be registered against their property. This creates a lien on the land, preventing the owner from selling or refinancing without first satisfying your judgment.

2. Writ of Seizure and Sale of Personal Property: This enforcement tool allows the court sheriff to seize and sell valuable personal property such as vehicles, equipment, or inventory. The proceeds of the sale are then applied toward satisfying the LTB order.

3. Garnishment of Wages, Debts, or Bank Accounts: Perhaps the most effective method, a garnishment can be issued against the debtor’s employer, bank, or anyone who owes them money. Garnishments redirect part of the debtor’s income or funds directly to you until the judgment is paid in full.

In addition to writs and garnishments, you may also request a Debtor Examination. This is a court-ordered hearing where the debtor must attend and answer questions under oath about:

• Their income and employment

• Bank accounts and financial assets

• Vehicles, real estate, or other property they own

• Debts owed to them by others

The examination is a powerful tool because it forces the debtor to disclose information about their finances. This allows us to identify the most effective enforcement strategy moving forward.

If the debtor fails to attend their examination after being properly served, the court may issue a contempt order. In serious cases, this can result in the debtor being arrested and jailed until they comply with the court’s directions. This consequence underscores the seriousness of ignoring a valid court order and can compel otherwise uncooperative debtors to take enforcement seriously.

LTB orders are often written in a format that can be difficult to translate into enforceable court documents. They may include:

• Interest calculations that require interpretation

• Per diem calculations that need to be calculated and substantiated

• Ambiguous wording on amounts owed

• Orders involving multiple parties

We prepare the necessary affidavits and supporting materials to correctly identify the outstanding balance and present it to the Small Claims Court. This ensures the court accepts the filing and enforcement proceeds smoothly.