Ontario Court | Legal Case – Writ of Seizure and Sale of Personal Property (Form 20C) – Rules of the Small Claims Court Forms

Writ of Seizure and Sale of Personal Property (Form 20C) – Rules of the Small Claims Court Forms – Ontario Court Services

The Writ of Seizure and Sale of Personal Property (Form 20C) is a legal document issued by the Ontario Superior Court of Justice, particularly used in Small Claims Court, to enforce a court order. This form directs a bailiff to seize and sell the personal property of a debtor to satisfy a judgment awarded to a creditor. It ensures that the judgment creditor can enforce the court’s decision and recover the owed amounts through the sale of the debtor’s personal property.

Filling out this form requires accuracy and thoroughness to ensure the enforcement of a court order. Here is a step-by-step guide to assist you in completing the form:

Court Information

1. • Superior Court of Justice / Small Claims Court: Identify the appropriate court by checking the respective box.
   • Claim No.: Enter the claim number assigned to your case.

Creditor Information

1. • Additional Party(ies): Check this box if there are additional parties listed on an attached Form 1A.
   • Last Name or Company Name: Enter the last name or the name of the company of the creditor.
   • First Name: Enter the first name of the creditor.
   • Second Name: Enter the second name of the creditor, if applicable.
   • Also Known As: Enter any other names the creditor is known by, if applicable.
   • Address: Fill in the street number, apartment/unit, city/town, province, postal code, and email address.
   • Phone Number: Enter the contact phone number.
   • Representative Information: If the creditor has a legal representative, provide their name, Law Society of Ontario number, address, city/town, province, postal code, phone number, and email address.

Debtor Information

1. • Additional Party(ies): Check this box if there are additional parties listed on an attached Form 1A.
   • Last Name or Company Name: Enter the last name or the name of the company of the debtor.
   • First Name: Enter the first name of the debtor.
   • Second Name: Enter the second name of the debtor, if applicable.
   • Also Known As: Enter any other names the debtor is known by, if applicable.
   • Address: Fill in the street number, apartment/unit, city/town, province, postal code, and email address.
   • Phone Number: Enter the contact phone number.
   • Representative Information: If the debtor has a legal representative, provide their name, Law Society of Ontario number, address, city/town, province, postal code, phone number, and email address.

Bailiff Instructions

1. • Small Claims Court Location: Specify the location of the Small Claims Court.
   • Order Date: Enter the date the court order was made.
   • Creditor’s Name(s): Enter the name(s) of the creditor(s) in whose favor the order was made.
   • Debtor’s Name(s): Enter the name(s) of the debtor(s) whose property is to be seized and sold.
   • Amount of Judgment (Debt and Pre-judgment Interest): Specify the total amount of the judgment including debt and pre-judgment interest.
   • Costs to Date of Judgment: Enter the costs incurred up to the date of judgment.
   • Total Amount of Payments Received from Debtor After Judgment: Enter any payments received from the debtor after the judgment.
   • Post-Judgment Interest: Enter the interest rate per annum and the date from which it accrues.
   • Subsequent Costs: Enter any additional costs incurred after the judgment, including the cost of issuing the writ.
   • Signature of Clerk: The court clerk must sign and date the form.

Enforcement Office Fees

1. • Reasonable Disbursements: Fill in the amount of disbursements necessarily incurred to enforce the writ.
   • Bailiff Fees and Expenses: The enforcement office (bailiff) will fill in and initial this section with their fees and expenses.

Note on Duration and Renewal

1. • The writ remains in force for six years from the date of its issue. It can be renewed for additional six-year periods by filing a Request to Renew a Writ of Seizure and Sale (Form 20N).

Additional Tips

• Ensure Accuracy: Double-check all the information for accuracy before submitting the form.
• Consult Legal Advice: If unsure about any part of the form, consider seeking legal advice to ensure it is filled out correctly.
• Attachments: Attach Form 1A if there are additional parties involved.

This guide aims to simplify the process of completing the Writ of Seizure and Sale of Personal Property (Form 20C), ensuring all necessary information is provided for effective enforcement of the court’s order.