Direction to Enforce:

Question: How do I request enforcement of a writ of seizure and sale of personal property using Form 20O in Ontario Small Claims Court?

Answer: Woodcock Legal Services can guide you through the Direction to Enforce Writ of Seizure and Sale of Personal Property (Form 20O) so the Sheriff or Bailiff takes the correct steps and stays within the writ’s limits in Ontario Small Claims Court.  Under Rules of the Small Claims Court, O. Reg. 258/98 at Rule 20.06(4), the creditor may request enforcement by filing Form 20O with the bailiff, with the direction setting out the specific personal property to be seized and sold and any relevant details the officer needs to proceed lawfully.  After seizure, the property is stored securely until sale at public auction, with required notice provided to the public and to the debtor, and sale proceeds applied to the judgment after permitted enforcement fees and costs.  For help preparing or reviewing the form and the enforcement direction for your situation, call (613) 334-6721 for professional legal services in Ontario.

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Advising Sheriff or Bailiff of Specifics

The Direction to Enforce Writ of Seizure and Sale of Personal Property (Form 20O) is an important document in the enforcement process, which instructs the enforcement officer (typically a Sheriff or Bailiff) on the specific actions to take regarding the sale of the personal property of the Debtor.  The primary purpose of the Direction to Enforce Writ of Seizure and Sale of Personal Property (Form 20O) is to provide clear, written instructions from the Creditor or the legal representative of the Creditor, outlining the details of the property to be seized and sold, any relevant exemptions, and how the enforcement should proceed.

With respect to the Direction to Enforce Writ of Seizure and Sale of Personal Property (Form 20O), the Rules of the Small Claims Court, O.  Reg. 258/98, specifically state:

The Direction to Enforce Writ of Seizure and Sale of Personal Property (Form 20O) helps to ensure that the enforcement officer acts within the bounds of the Writ of Seizure and Sale of Personal Property (Form 20C), how the enforcement officer complies with the legal requirements, and how to adhere to the priorities of the Creditor.  The direction also serves to minimize potential disputes or misunderstandings between the enforcement officer, the Creditor, and the Debtor, providing a clear framework for effectively and lawfully enforcing the Judgment.

Liquidation Procedures

Once personal property of a Debtor is seized, the personal property will be stored securely until it can be sold at a public auction.  The enforcement officer, such as a Sheriff or Bailiff, must publish a notice of the auction in accordance with legal requirements to ensure that the public is informed of the sale.  This notice is typically published in a local newspaper or other appropriate publication and must provide sufficient details regarding the time, location, and items being sold.  Additionally, the enforcement officer must issue a notice to the Debtor, informing the Debtor of the pending auction and providing details about the property being sold.  These steps are critical to ensuring transparency and compliance with the legal process, allowing both the Debtor and potential buyers the opportunity to participate.  The proceeds from the sale are then used to satisfy the Judgment, after deducting any applicable enforcement fees and costs associated with the seizure and sale.