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Does anyone know if an award is given to you in small claims court how is it enforced that the person is found in the wrong to pay the award to the wronged person. I've heard many different things. Just wondering if anyone went threw this and if the award isn't enforced what's the sense of goin to court. Thanks in advance

The "girl" was ordered to pay restitution and given a time limit. then we got a letter that she would not be able to pay in time and they gave her an extension.  
 
 
We never heard from them again, or rec'd any money - that was 5 years ago.

Almost a waste of time

I had taken someone to small claims court. I won and had the same issue with the person not paying. I filled out further paperwork at the courthouse to get his wages garnished. It was approved and I dropped the paperwork off at the person’s workplace. They took the money off the persons cheque and I got my money plus court costs.  
 
Not sure how much it has changed but look into it.

We were won our case as well...now we have to pay more money and fill out more complicated paperwork to put a lien on his property. If he isn't working you can't garnish assistance money.  
 
Why do the people who get screwed over have to do all the work to get the money!  
We won the judgement but have to go thru hoops to try to get him to pay. (He never showed up in court in our case)

Son-Rea said "We were won our case as well...now we have to pay more money and fill out more complicated paperwork to put a lien on his property. If he isn't working you can't garnish assistance money.     Why do the people who get screwed over have to do all the work to get the money!   We won the judgement but have to go thru hoops to try to get him to pay. (He never showed up in court in our case) "

In the case of a lien doesn't it expire? You have to renew it every so often I heard.

you are referring to a "Writ of Execution" which is a levy (lien) registered against an individuals goods and lands. The Writ is registered at Land Titles and Personal Property Registry. Unless renewed the Writ will expire after 10 years. Unless a person has a job or a bank account which can be garnisheed or real property that can be seized and sold - Small claims court is a waste of time and money. When the person has nothing you'd be further ahead to turn the account over to a collection agency with the hope that due to their harassment they can collect something.

An order to pay is one thing. When they don't pay you need to follow up with a garnishment order. It's time consuming and you can only garnish a fixed percentage from the persons paycheque because they still need to live, but you in turn will receive about 10% more for your time and effort to administer the garnishment order. It does cost you to apply for one at the court house and it has to be served in person to the debtors employer. They are obliged by law to fulfill the order.

Turc said "Does anyone know if an award is given to you in small claims court how is it enforced that the person is found in the wrong to pay the award to the wronged person. I've heard many different things. Just wondering if anyone went threw this and if the award isn't enforced what's the sense of goin to court. Thanks in advance "

If not payed in time, then you will have to garnish the person's wages. Go to the courthouse, fill out the forms, and they will direct you from there. There will be a small fee, I think it's about $50 if I remember correctly. Then you are responsible for serving the person's employers with the papers.

Turc said "Does anyone know if an award is given to you in small claims court how is it enforced that the person is found in the wrong to pay the award to the wronged person. I've heard many different things. Just wondering if anyone went threw this and if the award isn't enforced what's the sense of goin to court. Thanks in advance "

If not payed in time, then you will have to garnish the person's wages. Go to the courthouse, fill out the forms, and they will direct you from there. There will be a small fee, I think it's about $50 if I remember correctly. Then you are responsible for serving the person's employers with the papers.

Turc said "Does anyone know if an award is given to you in small claims court how is it enforced that the person is found in the wrong to pay the award to the wronged person. I've heard many different things. Just wondering if anyone went threw this and if the award isn't enforced what's the sense of goin to court. Thanks in advance "

If not payed in time, then you will have to garnish the person's wages. Go to the courthouse, fill out the forms, and they will direct you from there. There will be a small fee, I think it's about $50 if I remember correctly. Then you are responsible for serving the person's employers with the papers.

On people who do not have a job, no assets, or change jobs frequently. This is assuming the employer cooperates.  
 
I know people with debts that will never be collected on. Fill in all the forms, pay all the fees, invest time and energy.  
 
Small Claims Court is all about getting a judgement and nothing else.

had success with an out of Province company actually. We were paid the $1200.00 we were awarded..all within a 6 month period. Not always a waste of time.  
 
We also went directly to their banking institution for payment.  
 
Edited by Oryx, 2018-01-04 11:57:32

did not have a job, a license.  
 
There was not sense trying to get it out of her.  
 
Which sucked!  
 
Edited by Brenda.., 2018-01-04 12:34:26

is probably taking the matter into your own hands and get the money in a different way, i am done with the correct way of getting justice , retaliation might be your best bet for closure

borderview said "is probably taking the matter into your own hands and get the money in a different way, i am done with the correct way of getting justice , retaliation might be your best bet for closure "

unless it's thousands just let it go...lesson learned, move on. Doing what borderview suggests is pretty idiotic. You have no real concept of what injustice is guy, you're not batman.  
 
I've been up and down this road more times than I can count and in hindsight every case is just filed under lesson learned. You'll learn eventually who to help or extend credit too. Running over to his/her house and burning it down or whatever Borderview/Batman collection agency would do is only going to create problems that didn't exist before.

One of the greatest things I learned in retail was to stand there and take it. Then just turn and walk away. No anger, no vengeance, no "get even".  
 
I had the opportunity of going to court over an issue I probably would have won, over a couple of years, intense effort, thousands in legal fees, enemies made.  
 
I decided to walk away the better person.

MrDobalina said "    borderview said "is probably taking the matter into your own hands and get the money in a different way, i am done with the correct way of getting justice , retaliation might be your best bet for closure " unless it's thousands just let it go...lesson learned, move on. Doing what borderview suggests is pretty idiotic. You have no real concept of what injustice is guy, you're not batman.     I've been up and down this road more times than I can count and in hindsight every case is just filed under lesson learned. You'll learn eventually who to help or extend credit too. Running over to his/her house and burning it down or whatever Borderview/Batman collection agency would do is only going to create problems that didn't exist before. "

Once you’ve dressed up as a giant bat to deliver retributive justice to criminals, you’ve gone way too far.  
 
It works in fiction. Not in actuality.  
 
The fact that people enjoy his vigilante justice is because he gets the bad guy and you know is the bad guy. In real life vigilantes get it wrong and innocent people get hurt or killed.  
 
I for one love the idea of Batman, but realize it doesn't work as week in the real world.

I took an individual to small claims court and won including court costs. The person who lost had to forward monthly payments to the Sheriff’s office. Every 3-4 months, once the cheques cleared the Sheriff’s office would mail me a Province of Manitoba cheque. It took about 2 years to receive the full amount but was well worth it. If the cheques were not received by the Sheriff then, as I was told, her pay cheques would be garnished but was not required, in my situation.

By being successful it also shows as a judgment against the person on their credit rating. If you win, you are responsible for filing out the garnishment paperwork properly and serving both the employer/financial institution as someone mentioned AND the person you are garnishing. Keep in mind there is no guarantee that because you garnish, you will get the money. Lots quit as soon as they learn about a garnishment against them.