Writ of Seizure and Sale of Land (Form 20D) – Rules of the Small Claims Court Forms

Writ of Seizure and Sale of Land (Form 20D) – Rules of the Small Claims Court Forms – Ontario Court Services

The Writ of Seizure and Sale of Land (Form 20D) is a legal document issued by the Ontario Superior Court of Justice, Small Claims Court, directing the sheriff to seize and sell a debtor’s real property. The form includes spaces for recording details of the creditor(s) and debtor(s), including names, addresses, and contact information. It specifies the amount of the judgment, costs to date, post-judgment interest, and subsequent costs incurred after the judgment.

The writ remains valid for six years from the date of issuance and can be renewed for an additional six years with the appropriate request form. The document emphasizes that the sheriff must realize the sums from the seizure and sale of the property, calculate the amount owing at the time of enforcement, and report on the execution of the writ if required.

Filling out Form 20D requires careful attention to detail. Follow these steps to ensure the form is completed accurately:

Court Information

1. • Superior Court of Justice, Small Claims Court: Ensure this is indicated at the top of the form.

Claim Number

1. • Enter the claim number associated with the court order.

Creditor Information

1. • Name: Fill in the last name or name of the company for Creditor No. 1. If there are additional creditors, check the box and list them on an attached Form 1A.
   • First Name, Second Name, Also Known As: Enter the first and second names, and any aliases of the creditor.
   • Address, City/Town, Province, Phone No., Postal Code, Email Address: Provide the full address and contact details of the creditor.
   • Representative: If the creditor has a legal representative, provide their Law Society of Ontario number, address, and contact information.

Debtor Information

1. • Name: Fill in the last name or name of the company for Debtor No. 1. If there are additional debtors, check the box and list them on an attached Form 1A.
   • First Name, Second Name, Also Known As: Enter the first and second names, and any aliases of the debtor.
   • Address, City/Town, Province, Phone No., Postal Code, Email Address: Provide the full address and contact details of the debtor.
   • Representative: If the debtor has a legal representative, provide their Law Society of Ontario number, address, and contact information.

Order Information

1. • Name of County/Region: Specify the county or region where the enforcement office is located.
   • Order Date: Enter the date the court order was made in favor of the creditor.
   • Creditor Name: Fill in the name of the creditor(s) in whose favor the court order was made.

Amounts to be Realized

1. • Amount of Judgment: Enter the total amount of the judgment (debt and pre-judgment interest).
   • Costs to Date of Judgment: Fill in the costs incurred up to the date of the judgment.
   • Payments Received from Debtor: Enter any payments received from the debtor after the judgment.
   • Post-Judgment Interest: Specify the interest rate per annum and the date from which it accrues.
   • Subsequent Costs: Include costs incurred after the judgment, including the cost of issuing this writ.
   • Sheriff’s Fees and Expenses: These will be calculated by the sheriff at the time of enforcement.

Sheriff’s Directions

1. • Signature of Clerk: Ensure the form is signed and dated by the clerk issuing the writ.

Additional Information

1. • Note that the writ remains in force for six years and can be renewed for another six years by filing Form 20N.
   • The form is available in both English and French on the Ontario Court Forms website.

Ensure all information is accurate and complete before submitting the form to the court for processing.