The person isn't paying me after the judgment what do I do?
Short answer
In Quebec, if the debtor does not pay within the time allowed, the creditor can begin forced execution: examining the debtor about their property and income, seizing movable property, seizing amounts held by a third party (wages, bank accounts) or seizing an immovable, except the principal residence.
In detail
One rule shapes everything that follows: “You cannot undertake forced execution proceedings on your own. You must use a bailiff”, unless the only measure planned is the seizure of the debtor’s income in the hands of a third party. In that case, you can act yourself by filling out the Small Claims Notice of Execution (SJ-1103).
Two conditions attach to that exception: the seizure of income must be the only measure undertaken, and the debtor must not already be subject to a seizure of income. Signing and filing the first notice of execution costs $52 for an individual and $63.75 for a legal person.
The bailiff’s fees are borne by the debtor, within the limits set by law. Remember as well that the judgment stays valid for 10 years: you are not required to act immediately, but the right is extinguished after that.
What to document
Everything you know about the debtor’s assets: employer, financial institution, vehicle, address. Note every collection step with its date, every promise to pay and every amount received. That log becomes the basis of the notice of execution.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Forced execution of the judgment — Gouvernement du Québec
- Small Claims Notice of Execution (SJ-1103) — Gouvernement du Québec
- Schedule of court fees — Small Claims — Gouvernement du Québec
Related questions
- How do I garnish the wages of someone who isn't paying me?
- How much can be garnished from a salary in Quebec?
- Can I find out what the debtor owns before seizing?
- Can I sue my landlord in small claims?
- Can I sue for defamation in small claims?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.