Cart Total Items (0)

Cart

  • Coaching, Seminars, Apprenticeship and LIVE Training
  • Our Location 127 Westmore Drive, Toronto, ON
LIVE Training

Writ of Seizure and Sale in Ontario

Flipping4Profit.ca > Writ of Seizure and Sale in Ontario

Writ of seizure and sale in Ontario is a document the court issues to help collect money that is owed.

Collecting a debt through seizure and sale of the debtor's property is an eight step process:

Writ of seizure and sale in Ontario

1.  Complete an Affidavit for Enforcement Request.  You will need to describe the details of the court order you are enforcing and how much money is still owed.

2.  Complete the Writ of Seizure and Sale of Personal Property form.

3.  Complete a list of the property you want to seize and sell by using the Direction to Enforce Writ of Seizure and Sale of Personal Property form.

4.  File only the Affidavit and the Writ in the court where you obtained your judgment. Court staff willissue the Writ (by signing it) and return the original to you to file in the enforcement office.

5.  File the issued Writ and the Direction to Enforce Writ at the enforcement office. The detailed information on the Direction to Enforce Writ form will allow the enforcement staff to locate and seize the specific property.

6.  Pay an enforcement fee and a deposit to the enforcement office to cover the anticipated expenses to enforce the Writ.  These may include costs for such things as freight, insurance, locksmith, storage, mileage and advertising of the sale of the goods seized.

7.  Enforcement staff will seize and store the items until a public auction is held, at which time the goods will be sold.

8.  The enforcement office will calculate the net amount of proceeds from the sale and the funds will be deposited with the court. After which, the net proceeds will be distributed to the creditors who initiated the enforcement process.

If you are seeking to enforce a judgment or order for the payment or recovery of money, you may ask the court to issue one or more a writ(s) of seizure and sale, and then file those writs with the sheriff(s) (see Rule 60.07). In essence, a Writ of Seizure and Sale (Form 60A) provides the sheriff with the authority to seize and sell the real and personal property belonging to the debtor that are within the geographic jurisdiction of the sheriff. On filing with the sheriff a writ of seizure and sale may also have the effect of binding land belonging to the debtor in the sheriff’s jurisdiction. Form 60A is attached at the end of this guidebook. There are fees associated with the issuing, filing, and enforcement of these writs.

The procedure is:

1) Requisition a writ of seizure and sale Ontario from the registrar. The requisition must set out:

  • the details of your judgment or order (e.g. judgment, costs, interest, etc.);
  • the sheriff’s jurisdiction in which the writ is to be filed;
  • the date and amount of any payment received since the order was made; and
  • the amount owing and the rate of post-judgment interest

The requisition must be filed with the registrar where the proceeding was commenced together with a copy of the order as entered and any other evidence necessary to establish the amount awarded and the creditor’s entitlement (Rule 60.07(1)).

Which sheriff should the writ of seizure and sale Ontario be directed to?

If the debtor has land or personal property that you are interested in having the sheriff seize and sell to satisfy the debt to you, you should file the writ with the sheriff that has jurisdiction over the area in which the property is located.

Note: Be sure to properly name the debtor in the writ because the writ is only effective against the specific name contained in it. If the debtor(s) use aliases (i.e., other names), or if a person’s name has been changed (e.g., after a marriage), a motion can be brought to the court to amend the writ to include these various aliases/names (see Rule 60.07(10)). The writ must also be amended to reflect this change.

2) Issuance of the writ by the registrar. There is a fee for this process. The issued writ will be returned to you to file with the sheriff (the enforcement office).

3) File writ of seizure and sale with sheriff. There is a fee for this process. On filing you may choose to ask the sheriff to seize property of the debtor. You must tell the sheriff exactly what property you want seized, and in some cases provide proof that the property is owned by the debtor and that the property is of sufficient value to sell (see section 2 of the Execution Act).

You should also be aware that some of the debtor’s property is exempt from seizure by the creditor under the Execution Act.

The debtor also has the right to choose the goods that make up the exemptions. Full details of the exemptions under the Execution Act and its regulations are available on the e-laws website at: www.e-laws.gov.on.ca.

4) File a copy of the order as entered together with a Direction to Enforce Writ (Form 60F), and letter of instruction with the sheriff. The direction to enforce must set out:

  • the date of the order and the amount awarded;
  • the rate of post judgment interest payable;
  • the costs of enforcement to which the creditor is entitled under Rule 60.19;
  • the date and amount of any payment received since the order was made; and
  • the amount owing, including post- judgment interest.

The letter of instruction must set out in detail the actions you wish the sheriff to perform.

Note: writ of seizure and sale Ontario must be filed for enforcement at least four (4) months before you may request a sale of land. (Rule 60.07(17))

Direct that the sheriff enforce the writ for the amount owing, subsequent interest and the sheriff’s fees and expenses. (Rule 60.07(13)).

Note: There is no province of Ontario wide registration system for writs of seizure and sale. In order to be effective, the judgment creditor must file a writ of seizure and sale with the sheriff and the Land Titles office in each jurisdiction where the debtor may have assets.

When is Leave (Permission) from the Court Required?

You can requisition a writ of seizure and sale without leave (permission) of the court unless six (6) years or more have passed since the date of the order or the enforcement is subject to any conditions. In those circumstances, a writ of seizure and sale will not be issued without leave from the court (see Rule 60.07(2)).

Duration and Renewal of the writ of seizure and sale Ontario

A writ of seizure and sale remains in force for six (6) years from the date of issue and for a further six years from each renewal. A writ of seizure and sale that is filed with a sheriff may be renewed before its expiration by filing a Request to Renew (Form 60E) with the sheriff. Form 60E is attached to the end of the guidebook.

Note: It is your responsibility to keep track of the expiry date for your writ(s).

DISCLAIMER

We believe the information contained in this article to be accurate. It is presented with the understanding that we are not engaged in rendering legal, accounting, or investment advice. When professional assistance is required, utilize the services of a licensed real estate broker, lawyer, accountant, or other consultant as may be required.

Speaking Engagements

Navtaj Chandhoke can be your next key note speaker for real estate office meeting or Canadian real estate investment conventions, expos or trade shows.please contact us for topics and availability.
Please contact us directly at Pam@WorldWealthBuilders.com or 647-393-6100 to set up a session at your meeting or convention.

We are also Canadian private hard money lenders. We can offer you multiple solutions to resolve any situation. We can also do short term small private mortgage if required.

We can HELP !! We also BUY HOUSES. Please call:

Contact Information

P.S. Success isn’t a matter of chance, it’s a matter of choice. So it’s up to you to make the right choice to become successful. If you don’t know what to do it starts with making the choice to register for this LIVE real estate investors training in your town now at www.Flipping4Profit.ca and making sure you make the right choice to SHOW UP!!! Learn more to earn more about CanadianTax sale properties.

To learn the strategies, techniques and Eye Witness Real Estate Investors Field Training. How to acquire Tax Sale Properties & Sheriff Sale Properties, Click Here

123 comments on “Writ of Seizure and Sale in Ontario”

  1. We got a judgment order against some people in the York Region. Can you help to prepare document for Writ of Seizure and Sale so that we can give to the Sheriff. Hopefully, we could obtain the loss we have incurred. raymond young 647 625 1568

  2. Wow, marvelous blog layout! How long have you been blogging for?
    you made running a blog glance easy. The entire glance of your website is
    excellent, let alone the content! You can see similar here dobry sklep

  4. Hello! Do you know if they make any plugins to help with
    Search Engine Optimization? I’m trying to get my blog to rank for some
    targeted keywords but I’m not seeing very good success.
    If you know of any please share. Kudos! You can read similar article here: E-commerce

  6. Hey there! I realize this is sort of off-topic but I needed to ask.
    Does operating a well-established website such as yours require
    a lot of work? I’m completely new to writing a blog however I do
    write in my journal every day. I’d like to start a blog so
    I can share my own experience and thoughts online.
    Please let me know if you have any kind of suggestions or tips for
    new aspiring blog owners. Appreciate it!

    my web page vpn coupon code 2024

  8. When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment
    is added I get four emails with the same comment. Is there any
    way you can remove me from that service? Thank you!

    Here is my web blog – vpn coupon code 2024

  9. Its like you read my mind! You seem to know so much about this,
    like you wrote the book in it or something. I think that you can do with some pics to drive the
    message home a bit, but instead of that, this is great blog.
    An excellent read. I’ll definitely be back.

    Here is my web site: vpn special coupon

  10. Hello! Do you know if they make any plugins to help with SEO?
    I’m trying to get my website to rank for some targeted keywords but I’m not seeing very good gains.
    If you know of any please share. Thanks! You can read
    similar text here: Backlinks List

  12. Wow, incredible blog layout! How lengthy have
    you been running a blog for? you make running a blog look easy.
    The full look of your website is great, let alone the content material!

    You can see similar here sklep internetowy

  14. I tend not to comment, but I browsed some responses on this page Writ of seizure and sale in Ontario |
    Flipping4Profit.ca.I actually do have 2 quesstions for you if you do noot mind.
    Could it be just me or do a few off the responses appear like they
    are wtitten by brain dead people? 😛 And, if you are writing on additional online sites,
    I’d like to keep up with anything new you have to post. Would you make a list of every one of your social sites like your linkedin profile, Faceboo
    page or twitter feed? https://Www.waste-ndc.pro/community/profile/tressa79906983/

  19. Hello there! Do you know if they make any plugins to help with Search Engine Optimization? I’m trying to get my blog to
    rank for some targeted keywords but I’m not seeing
    very good results. If you know of any please
    share. Thanks! You can read similar article here: Escape rooms list

  20. The very next time I read a blog, Hopefully it doesn’t disappoint me as much as this particular one. I mean, I know it was my choice to read through, however I really believed you’d have something useful to say. All I hear is a bunch of complaining about something that you could possibly fix if you were not too busy looking for attention.

  21. I’ll immediately seize your rss feed as I can not to find your e-mail subscription link or newsletter service. Do you’ve any? Kindly permit me recognize in order that I may subscribe. Thanks!

  23. Hi there! I could have sworn I’ve visited this site before but after browsing through a few of the articles I realized it’s new to me. Nonetheless, I’m definitely delighted I came across it and I’ll be book-marking it and checking back often!

  24. Right here is the right blog for anybody who hopes to find out about this topic. You understand so much its almost tough to argue with you (not that I really will need to…HaHa). You certainly put a brand new spin on a topic that’s been discussed for ages. Wonderful stuff, just great.

  27. Hey there! Do you know if they make any plugins to help with Search Engine Optimization? I’m trying to get
    my website to rank for some targeted keywords but I’m not seeing very good gains.
    If you know of any please share. Cheers! I saw similar article here

  29. Having read this I believed it was really enlightening. I appreciate you taking the time and energy to put this content together. I once again find myself personally spending a significant amount of time both reading and posting comments. But so what, it was still worthwhile.

  30. Hi there! This article could not be written much better! Reading through this article reminds me of my previous roommate! He always kept talking about this. I most certainly will forward this information to him. Pretty sure he’ll have a good read. Thank you for sharing!

  35. The next time I read a blog, Hopefully it does not disappoint me as much as this one. After all, Yes, it was my choice to read through, but I actually thought you would have something useful to talk about. All I hear is a bunch of moaning about something that you could fix if you weren’t too busy looking for attention.

  36. Oh my goodness! Incredible article dude! Thanks, However I am experiencing issues with your RSS. I don’t know why I can’t subscribe to it. Is there anyone else having similar RSS issues? Anybody who knows the answer will you kindly respond? Thanx!

  37. Good post. I learn something new and challenging on sites I stumbleupon everyday. It will always be exciting to read articles from other authors and use a little something from other sites.

  38. Good post. I learn something totally new and challenging on blogs I stumbleupon every day. It will always be useful to read through content from other authors and use a little something from other sites.

  41. Having read this I believed it was really enlightening. I appreciate you spending some time and effort to put this short article together. I once again find myself spending a significant amount of time both reading and posting comments. But so what, it was still worthwhile!

  42. I must thank you for the efforts you have put in penning this website. I’m hoping to view the same high-grade content from you in the future as well. In fact, your creative writing abilities has motivated me to get my own, personal blog now 😉

  48. When I initially commented I seem to have clicked the -Notify me when new comments are added- checkbox and now every time a comment is added I receive 4 emails with the exact same comment. Perhaps there is a means you can remove me from that service? Thanks.

  50. Can I simply just say what a relief to find somebody that actually knows what they’re talking about on the internet. You actually realize how to bring an issue to light and make it important. A lot more people have to check this out and understand this side of your story. I was surprised that you’re not more popular given that you surely have the gift.

  52. Can I simply say what a relief to find someone that actually understands what they’re talking about on the internet. You actually realize how to bring an issue to light and make it important. More and more people must read this and understand this side of the story. I can’t believe you aren’t more popular given that you surely have the gift.

  55. Howdy! I simply would like to give you a huge thumbs up for the excellent information you’ve got right here on this post. I will be coming back to your web site for more soon.

  56. Hi there! I just wish to give you a huge thumbs up for your great info you’ve got right here on this post. I will be coming back to your site for more soon.

  57. Aw, this was a really nice post. Spending some time and actual effort to generate a very good article… but what can I say… I hesitate a whole lot and never seem to get nearly anything done.

  58. Hello there! I could have sworn I’ve visited this website before but after browsing through many of the posts I realized it’s new to me. Anyways, I’m certainly delighted I discovered it and I’ll be bookmarking it and checking back regularly!

  60. That is a very good tip particularly to those fresh to the blogosphere. Simple but very accurate information… Appreciate your sharing this one. A must read post.

  62. Hi! I simply wish to give you a huge thumbs up for your excellent information you’ve got here on this post. I will be coming back to your site for more soon.

  64. I’m impressed, I must say. Rarely do I come across a blog that’s both educative and entertaining, and let me tell you, you have hit the nail on the head. The issue is something not enough folks are speaking intelligently about. I’m very happy I stumbled across this during my hunt for something relating to this.

  66. May I simply just say what a comfort to uncover an individual who really knows what they’re discussing over the internet. You certainly understand how to bring an issue to light and make it important. More people must look at this and understand this side of the story. I can’t believe you aren’t more popular because you certainly possess the gift.

  68. Right here is the perfect webpage for anyone who would like to understand this topic. You realize a whole lot its almost tough to argue with you (not that I actually would want to…HaHa). You certainly put a brand new spin on a subject that’s been written about for years. Excellent stuff, just excellent.

  69. Right here is the right blog for anybody who wishes to find out about this topic. You realize a whole lot its almost tough to argue with you (not that I really will need to…HaHa). You certainly put a fresh spin on a topic that’s been discussed for a long time. Wonderful stuff, just great.

  70. That is a good tip particularly to those new to the blogosphere. Simple but very accurate information… Many thanks for sharing this one. A must read post!

  77. I blog frequently and I genuinely appreciate your content. This article has really peaked my interest. I will take a note of your site and keep checking for new details about once a week. I subscribed to your Feed too.

  81. Great information. Lucky me I discovered your blog by accident (stumbleupon). I have book marked it for later.

  84. I need to to thank you for this good read!! I absolutely loved every bit of it. I’ve got you book marked to check out new things you post…

  85. Oh my goodness! Incredible article dude! Thank you so much, However I am encountering difficulties with your RSS. I don’t know the reason why I cannot join it. Is there anybody else having similar RSS issues? Anyone that knows the solution will you kindly respond? Thanx!!

  86. I needed to thank you for this fantastic read!! I absolutely enjoyed every little bit of it. I’ve got you book-marked to look at new stuff you post…

  87. That is a very good tip particularly to those new to the blogosphere. Brief but very precise information… Thanks for sharing this one. A must read post!

  88. I truly love your website.. Great colors & theme. Did you develop this amazing site yourself? Please reply back as I’m looking to create my own personal blog and would like to learn where you got this from or what the theme is called. Cheers.

  89. I seriously love your website.. Pleasant colors & theme. Did you develop this website yourself? Please reply back as I’m hoping to create my own personal blog and would like to know where you got this from or just what the theme is named. Cheers.

  91. I need to to thank you for this great read!! I absolutely loved every little bit of it. I’ve got you book-marked to look at new stuff you post…

  93. Oh my goodness! Amazing article dude! Many thanks, However I am encountering problems with your RSS. I don’t understand why I am unable to join it. Is there anybody getting similar RSS issues? Anyone who knows the solution can you kindly respond? Thanx!

  95. I’m amazed, I have to admit. Seldom do I encounter a blog that’s both educative and entertaining, and without a doubt, you’ve hit the nail on the head. The problem is something too few folks are speaking intelligently about. I’m very happy that I came across this during my hunt for something concerning this.

  96. You are so cool! I do not believe I have read anything like that before. So wonderful to discover another person with some unique thoughts on this issue. Seriously.. thank you for starting this up. This website is one thing that is required on the internet, someone with a little originality.

  97. Howdy! This article could not be written much better! Reading through this article reminds me of my previous roommate! He continually kept preaching about this. I will forward this article to him. Pretty sure he’ll have a good read. I appreciate you for sharing!

  98. After I originally commented I seem to have clicked the -Notify me when new comments are added- checkbox and now whenever a comment is added I recieve four emails with the same comment. Is there a way you can remove me from that service? Thank you.

  100. After looking over a few of the blog posts on your web page, I truly like your way of blogging. I added it to my bookmark website list and will be checking back in the near future. Please visit my website too and tell me your opinion.

  101. Having read this I believed it was really informative. I appreciate you finding the time and energy to put this short article together. I once again find myself personally spending a significant amount of time both reading and leaving comments. But so what, it was still worth it!

  109. I needed to thank you for this wonderful read!! I definitely enjoyed every bit of it. I have got you saved as a favorite to check out new stuff you post…

  112. I wanted to thank you for this wonderful read!! I certainly enjoyed every little bit of it. I have you bookmarked to look at new things you post…

  115. I’m excited to find this website. I want to to thank you for ones time due to this wonderful read!! I definitely really liked every bit of it and I have you book-marked to look at new stuff in your web site.

  117. This is a very good tip particularly to those fresh to the blogosphere. Short but very accurate information… Many thanks for sharing this one. A must read post.

  119. I seriously love your site.. Great colors & theme. Did you develop this website yourself? Please reply back as I’m wanting to create my very own website and would like to know where you got this from or exactly what the theme is called. Many thanks!

  121. I need to to thank you for this excellent read!! I absolutely enjoyed every bit of it. I have got you saved as a favorite to check out new stuff you post…

  123. Aw, this was an incredibly good post. Spending some time and actual effort to create a great article… but what can I say… I procrastinate a lot and don’t manage to get nearly anything done.

Leave a Reply

Your email address will not be published. Required fields are marked *

Verified by MonsterInsights