Being owed money is not the same as being able to collect it. My job is to close that gap: from the first demand letter to a judgment, and then to actually enforcing it.
Unpaid invoices, a loan that was never repaid, a contract broken and a deposit gone. For individuals and small businesses, an uncollected debt is money already earned and still missing. I help clients across Toronto and the GTA recover what they are owed, using the right tool for the size of the debt and the situation of the debtor.
How Debt Recovery Works in Ontario
- The demand letter. A clear, lawyer drafted demand sets out what is owed, why, and by when, and states what happens if it is not paid. Many debts resolve here, before anything is filed, because the debtor understands the alternative.
- Small Claims Court (up to $50,000). Designed to be accessible: modest filing fees, a simplified process, and a settlement conference before any trial. The right forum for most everyday debts.
- Superior Court (over $50,000). More formal, but with stronger tools, including summary judgment for clear debts and a costs regime that returns a portion of your legal fees when you win.
- Enforcement. A judgment is only the halfway point. Garnishment, writs of seizure and sale, and examinations in aid of execution turn a judgment into actual dollars.
"A good demand letter is the cheapest step in the whole process, and often the most effective. A great many debts never make it past it."
Two Deadlines That Decide Cases
Two dates matter more than any argument about the merits. The first is the limitation period: under Ontario's Limitations Act you generally have two years from when you knew, or ought to have known, of the claim. For an unpaid invoice, that clock usually starts when payment was due and not made. Let it run out and a valid debt becomes uncollectable. The second is collectability: a judgment against someone with no income and no assets is a piece of paper. I raise that question at the start, not the end, because it decides whether pursuing the debt makes sense at all.
Enforcing a Judgment
When a debtor will not pay, Ontario law provides tools matched to what they have. Garnishment reaches wages and bank accounts. A writ of seizure and sale, registered on title, attaches to real estate and often forces payment the moment the debtor tries to sell or refinance. An examination in aid of execution compels the debtor to disclose their income and assets under oath, so you know which tool to use. A judgment also carries post judgment interest until it is paid, so a debtor who stalls only enlarges the debt.
On Contingency Where It Fits
For strong claims against a debtor who can actually pay, I can often act on a contingency fee, so there is no legal fee up front and I am paid from the recovery. For broader disputes, see our civil litigation page, and browse the blog for detailed guides on Small Claims recovery and enforcing a judgment. If you are owed money and cannot get paid, the first consultation is free.
