manitobacourts.mb.ca

Small Claims

information below is effective July 1, 2020

Who can file a Small Claim?

How do I complete a Small Claim form?

How do I complete a Small Claim for a motor vehicle accident?

How do I file a Defence?

How do I file a Defence and Counterclaim?

How do I note the Defendant in default?

How do I serve (deliver) documents on the other party?

 

 

How do I note the Defendant in default?

What if default was noted against me?

What if a Certificate of Decision on Default was issued against me?

What if the claim/judgment has been paid?

What if I have been served with a Small Claim?

How do I request an adjournment (postpone the hearing date)?

What happens at the first court appearance?

How do I prepare my evidence and witnesses?

What if I did not appear at the hearing?

How do I appeal the decision?

 

How do I collect on the judgment?

 

Sample Claims/Counterclaims

 

 

Who can file a Small Claim?

 

  • An individual 18 years of age or older

  • A parent or guardian on behalf of a child (under 18 years of age)

  • A person acting on behalf of a person under a disability (litigation guardian/committee/ substitute decision maker)

  • A business or corporation

 

How do I complete a Small Claim form?

 

  • If the claim is to determine liability, refer to “How do I complete a Small Claim form for a motor vehicle accident?”.

  • You must know the name and address of the person and/or business you want to claim against (the defendant) and their contact or address information.  You want to make sure you have the correct name and address of the person you are making a claim against for the purpose of collecting on the judgment.

  • If your claim is against a business or corporation, to ensure you have accurate information, a search of the registered business name at the Companies Office is recommended.  The Companies Office is located at 1010 - 405 Broadway in Winnipeg or can be contacted by e-mail at companies@gov.mb.ca.

  • Insert on the claim form the full name and address of all claimants and defendants. Do not use initials (for example, M. McDonald) or titles such as Dr., Mr. or Mrs.  See Sample Claims/Counterclaims.

  • If there is more than one claimant or defendant, include each person or business name separated by the word “and”.  See Sample 1.

  • Write out each person’s full address and postal code even if they each live at the same address or carry on business at the same address.  See Sample 1.

  • Take care to name the defendant correctly.  If you put in the incorrect name for the defendant, the judgment or certificate of decision will include the incorrect name.  If you are successful, you may not be able to collect the money owing to you on the judgment from the incorrectly-named defendant.

  • If the defendant is a business, ensure the name is exactly as registered with the Companies Office.  If not registered, you should have some proof of the company name being used.

  • If the business is not registered, but is an individual who carries on the business as a sole proprietor or owner, you may name both the sole proprietor and the business name.  You may use “c.o.b.” as a short form for “carrying on business”.  See Sample 2.

  • If the defendant is also known by another name, you should name each of the different names as a separate defendant.  You may use “a.k.a.” as a short form for “also known as”.  See Sample 3.

  • If the claimant is under 18 or a person under a disability, a Consent to Act as Litigation Guardian (Form 76O) should be filed with the court.

 

Once you have completed the Small Claim form, you are ready to file it with the court.  See Filing Fees and Small Claims Filing and Hearing Locations.

 

 

How do I complete a Small Claim form for a motor vehicle accident?

 

IMPORTANT:  Motor vehicle accident claims are usually heard on the first appearance date indicated on the Small Claim form.  You should be prepared to proceed on that date.

 

  • You must know the name and address of the person and/or business who is the driver and owner of each vehicle involved in the accident.  If not, contact your Manitoba Public Insurance adjuster.  If you do not own the vehicle you were driving at the time of the accident, you must also list the owner of the vehicle as a claimant.

  • Insert on the claim form your full name and address of all claimants and defendants. Do not use initials (for example, M. McDonald) or titles such as Dr., Mr. or Mrs.  See Sample 4.

  • If there is more than one claimant or defendant, include each person or business name separated by the word “and”.

  • If the claimant is under 18 or a person under a disability, a Consent to Act as Litigation Guardian (Form 76O) should be filed with the court.

 

Once you have completed the Small Claim form, you are ready to file it with the court.  See Filing Fees and Small Claims Filing and Hearing Locations.

 

For information regarding delivering the claim form to the defendant(s), see Serving Documents.

 

NOTE:  If you are making a claim about whether you are at fault for a car accident, you must deliver a copy of the claim in person or by registered mail to the Manitoba Public Insurance Corporation either at the MPI Legal Department (8th floor – 234 Donald Street, P.O. Box 6300, Winnipeg, MB, R3C 4A4) or to an MPI Service Centre in Manitoba.

 

For a listing of MPI Service Centres in Manitoba, visit:

https://www.mpi.mb.ca/en/Contact/Locations/Pages/locations.aspx.

 

 

How do I file a Defence?

 

  • Obtain a Defence (Form 76D) from the Manitoba Courts website or at any court office.

  • Insert on the Defence the full name and address of all claimants and defendants, exactly as they appear on the Small Claim.

  • Select one of the two boxes, noting if you either dispute the claim OR do not dispute the claim but will appear at the hearing to request time for payment.

  • Date and sign the form.

  • Once completed, the Defence must be filed at the court location where the claim was filed within 20 days of you being served with the claim.

 

See Filing Fees and Small Claims Filing and Hearing Locations for more information.

 

For information regarding delivering the Defence to the claimant(s), see Serving Documents.

 

 

How do I file a Defence and Counterclaim?

 

  • A counterclaim can be made when you believe that the person/business that has made a claim against you owes you money.

  • Complete the claim in the same manner as a Defence and a Small Claim.

     

Once you have filed the Defence and Counterclaim, immediately serve the Defence and Counterclaim on each claimant.

 

 

How do I serve (deliver) documents on the other party?

 

Serving a Small Claim

  • A copy of the Small Claim and a blank Defence (Form 76D) must be served on each defendant within 30 days of filing the claim.  Even if the defendants are related, each defendant must receive his or her own copy of these documents by one of the following methods:

  • Deliver personally to the defendant by handing them a copy

  • Deliver a copy personally to a person who appears to be at least 16 years old, at the home of the defendant

  • Deliver a copy by registered mail (use a separate envelope for each named defendant).  Delivery services such as Express Post and/or courier are not acceptable methods of service.

 

NOTE:  If the defendant is a corporation, deliver a copy of the claim to a director or officer of the corporation.  If you are sending the claim by registered mail, send it to the attention of a named director or officer, i.e., 234567 Manitoba Ltd., Attention:  John Doe, Director.

 

Once all parties have been served, file with the court a Declaration of Service (Form 76B) for each party that was served.

 

Unable to serve?  If several attempts have been made to serve a defendant both personally and by registered mail and have not been successful, see How to Obtain Order for Substitutional Service.

 

If you think you can serve the defendant(s) but need more time, you can contact the court office in advance of the hearing date to request an Order Extending Time for Service (Form 76C).  It is also possible to request more time when you appear at the hearing.

 

Serving a Defence

  • You must serve (deliver) a copy of the Defence on each claimant within 30 days of being served with the Small Claim.  Even if the claimants are related, each claimant must receive his or her own copy of this document by one of the following methods:

  • Deliver personally to the claimant by handing them a copy

  • Deliver a copy personally to a person who appears to be at least 16 years old, at the home of the claimant

  • Deliver a copy by registered mail (use a separate envelope for each named claimant).  Delivery services such as Express Post and/or courier are not acceptable methods of service.

 

NOTE:  If the claimant is a corporation, deliver a copy of the Defence to a director or officer of the corporation.  If you are sending the Defence by registered mail, send it to the attention of a named director or officer, i.e., 234567 Manitoba Ltd., Attention:  John Doe, Director.

 

Once all parties have been served, file with the court a Declaration of Service (Form 76B) for each party that was served.  If delivered by registered mail, a registered mail receipt, tracking number, and proof of delivery from Canada Post is required.  Proof of delivery can be obtain at www.canadapost.ca or 1-888-550-6333.

 

Unable to serve?  If you have made several attempts to serve a claimant both personally and by registered mail and have not been successful, see How to Obtain Order for Substitutional Service.

 

If you think you can serve the claimant(s) but need more time, you can contact the court office in advance of your hearing date to request an Order Extending Time for Service (Form 76C).

 

Serving a Defence and Counterclaim

  • You must serve (deliver) a copy of the Defence and Counterclaim on each person and/or business named as a claimant immediately after filing it with the court office, see Serving a Defence for delivery instructions.

  • Once you have served all parties, file with the court a Declaration of Service (Form 76B) for each party that was served.

 

Serving an Application to Set Aside the Decision

  • You must serve (deliver) a copy of the application on each other party (claimants/defendants) within 20 days after you filed the application with the court, see Serving a Small Claim for delivery instructions.

 

Serving a Third Party Order

  • Where a Court Officer has made an order that another person be added as a Third Party to the claim and has directed that you serve a copy of the order, you must serve (deliver) a copy of the Third Party Order, along with a copy of the Small Claim and Defence, on the third party, and any other party, as directed by the Court Officer.

  • Once you have served all parties, file with the court a Declaration of Service (Form 76B) for each party that was served.

  • If you are not able to serve the Third Party Order, attend the hearing date as scheduled and explain the issue to the Court Officer.

     

Serving an Application for Leave to Appeal and Notice of Appeal

  • You must serve (deliver) a copy of the Application for Leave to Appeal and Notice of Appeal on each claimant, defendant, and third party within 20 days of filing it with the court office.  You must use one of the methods listed in Serving a Small Claim.

  • If you are unable to serve a party within the 20 day time period, you may ask the court to extend the time for service.

  • If you have served all parties, file with the court a Declaration of Service (Form 76B) for each party that was served.

 

Serving a Subpoena

If you intend to pursue a penalty against a Manitoba witness who does not attend:

  • You must serve (deliver) a Subpoena personally on the witness along with attendance money, see Tariff B of the Court of Queen’s Bench Rules.

  • If you serve the witness personally, file an Affidavit of Service (Form 16B) with the court prior to the hearing.

The Small Claims Court cannot enforce a Subpoena (penalty or warrant) but you may request time to pursue these options on the hearing date.  This type of Subpoena must be served at least 3 days prior to the hearing date.

 

If you do not intend to pursue penalty for non-appearance:

  • You may serve the Subpoena by regular or registered mail or by leaving it with someone other than the witness or personally.  You are not required to file proof of service with the court and there is no specific date that the Subpoena must be served.

 

Regardless of whether or not a Subpoena must be served, you should consider that the witness will need to make arrangements to attend on the hearing date and serve the document as soon as possible.

 

NOTE:  A Subpoena is not required for every witness, see Evidence and Witnesses for more information.

 

 

How do I note the Defendant in Default?

 

  • If a Defence is not filed by the defendant within 20 days after being served with the claim, the claimant may request that the defendant be noted in default and that a default decision be issued.

  • In order for default to be noted, the claimant must have filed proof of service of the claim – Declaration of Service (Form 76B).

  • Complete and file a Request for Noting Default and Default Decision (Form 76E.1).

  • A certificate of decision is a judgment of the court and may be enforced.

 

 

What if default was noted against me?

 

  • If the claimant has noted you in default, a document titled Request for Noting Default and Default Decision will appear on the court file.  You can view the Court Registry System online at:  www.jus.gov.mb.ca.

  • If you dispute the noting of default, you may consider filing an Application to Set Aside the Noting of Default (Form 76E.2) at any time before a Certificate of Decision on Default is issued.

  • In your application, you must write the reasons why a Defence was not filed within 20 days.

  • The Application to Set Aside the Noting of Default must be filed at the court centre where the claim was filed.

  • There is no fee for filing the Application to Set Aside the Noting of Default.

  • A Court Officer will review your application and issue an order, which will be mailed to you and the claimant(s).

  • If the decision of the Court Officer is to set aside the noting of default, a deadline will be set for you to file your Defence and a new date for the hearing of the claim will be provided.

  • If the decision of the Court Officer is to not set aside the noting of default, the original decision remains in effect and may be enforced as a judgment of the court.

 

 

What if a Certificate of Decision on Default was issued against me?

 

  • If a default decision was granted, you will receive a Certificate of Decision from the court office, which will set out the decision given by the Court Officer.  If your mailing address has changed, contact the court office immediately.  You can access this decision by viewing the Court Registry System online at:  www.jus.gov.mb.ca.

  • If you dispute the decision, you may consider filing an Application to Set Aside Decision (Form 76I).

  • The Court Officer may set aside the decision only if he or she is satisfied that:

    • you have a reasonable explanation for failing to file a Defence;

    • you filed your application as soon as reasonably possible after learning of the decision on the claim or gave a satisfactory explanation for any delay in filing your application; and

    • it is fair and just in the circumstances to set aside the decision.

Be prepared to explain why you did not file a Defence.

  • The Application to Set Aside the Decision must be filed at the court centre where the claim was filed.

  • There is no fee for filing the Application to Set Aside Decision but you must pay into court the amount of $150.00 for security for costs in guaranteed funds (cash, certified cheque or money order).

  • When you file the Application to Set Aside Decision with the court, you will be provided the date, time and place for the hearing of the application.

  • You must serve (deliver) a copy of the Application to Set Aside Decision on every other party to the claim.

  • If the decision of the Court Officer is to set aside the decision on the claim, the original decision becomes null and void and is no longer in effect from the date of the decision to set it aside.

  • If the decision of the Court Officer is to not set aside the decision on the claim, the original decision remains in effect and may be enforced as a judgment of the court.

  • The decision of a Court Officer on an Application to Set Aside Decision is final and cannot be appealed.

 

 

What if the claim/judgment has been paid?

 

If the claim resulted in a Certificate of Decision (Judgment) and your judgment amount has been paid, a Notice of Satisfaction (Queen’s Bench Rule 59 and Form 59C) or letter stating the judgment has been paid in full should be filed with the court by the judgment creditor to complete and close the court file.

 

If, prior to the court hearing, the claimant is paid in full, they should file a Notice of Discontinuance (Form 23A) of the claim before the hearing date.  If the claimant agrees to payment arrangements, they should contact the court office and ask that the hearing date be postponed (adjourned) and request a later hearing date.

 

When the claimant and the defendant attend court, the Court Officer may discuss the potential for the parties to settle the matter.  Attempting to settle the claim is recommended for the following reasons:

  • The claimant and/or the defendant may not be satisfied with the decision of the Court Officer.

  • Decisions appear on your court file and become records of the court.  Court records are accessed by credit agencies to gather information that may form part of your personal credit record.

  • Payment should be made voluntarily preventing you from incurring further costs to enforce your judgment.

 

 

What if I have been served with a Small Claim?

 

  • If you are served with a Small Claim, review the claim amount, reasons and date set for the hearing.

  • If you cannot attend the hearing on the date noted on the claim, contact the claimant to determine if he or she will agree to a different hearing date.  If the claimant is agreeable, one of the parties must contact the court office to obtain a new hearing date followed by written confirmation being provided to the court from the claimant and defendant.

  • If the claimant does not agree to a different hearing date, you or someone representing you will have to appear at the hearing to ask the Court Officer for a new hearing date.  NOTE:  sending someone on your behalf does not guarantee that a judgment will not issue against you for failure to appear.  Ensure you or your representative are prepared to explain in detail, along with any proof, why the hearing should not proceed in your absence.

  • If you agree that you owe the amount claimed or a portion of it, you can contact the claimant before the hearing date to offer a payment arrangement to settle the claim.

  • If you are unable to reach an agreement or dispute the claim, you must complete the Defence (Form 76D) and file it at the court office as soon as possible (mail or in person).  This notifies the court that you dispute the claim or that you agree to some or all of the amount claimed, or that you are requesting time for payment.

  • If you also have a claim you wish to make against the claimant, you may file a Defence and Counterclaim (Form 76E).

  • If the claimant owes you money and you do not want to file a counterclaim, state this in your Defence (Form 76D) and be prepared to prove this at the hearing.  The amount may result in a set off to the amount claimed by the claimant.  You should bring with you to the hearing any documents that may support your position that the claimant owes you money, see Evidence and Witnesses.

  • Consider whether someone else, not named as a defendant, is responsible for the claimant’s loss.  If so, you may ask the Court Officer at the hearing for a Third Party Order (s. 8.7(1) and (2) of The Court of Queen's Bench Small Claims Practices Act).

  • If a defendant is under 18 or a person under a disability, a Consent to Act as Litigation Guardian (Form 76O) should be filed with the court.

 

NOTE:  If you think you need help in defending or responding to the claim, you should seek legal advice.  The Legal Help Centre provides free legal information and assistance to persons who qualify, and can be contacted at 204-258-3096 or info@legalhelpcentre.ca.

 

 

How do I request an adjournment (postpone the hearing date)?

 

If you require a new hearing date, you must contact the Small Claims Coordinator as soon as possible, but no later than 4:00 p.m. the day prior to your scheduled hearing date.

 

 

What happens at the first court appearance?

 

  • If your claim is being heard in Winnipeg Centre at 373 Broadway and it is not a motor vehicle accident claim, the first court appearance will be to determine how much time is required for a hearing and to allow the court an opportunity to mediate any settlement and/or manage your matter in terms of issues that will need to be resolved or addressed prior to a hearing taking place.  Court staff will not issue a subpoena for this first court date and you do not need to bring any witnesses until a hearing date is set.

  • If your claim is being heard in Winnipeg Centre at 373 Broadway and it is a motor vehicle accident claim, you should be prepared to proceed on this date.

  • You may refer to the Court Officer as “Sir” or “Madam”.

  • Come to court prepared to talk to the other side, to show the other side your documents, and to discuss settling the claim.

  • Even if the defendant fails to appear, the claimant still has to prove his or her claim.

  • A Court Officer will ask about the claim (What are the issues? What is the evidence to be presented? Have there been discussions between the defendant/claimant about possible settlement) and may also be able to resolve the claim through mediation if both the claimant and defendant are open to trying to settle the dispute that way.

  • Total up your Claim or Counterclaim, including costs, disbursements (for example, amounts paid for registered mail or other service), and calculation of any interest.  Prepare any questions or arguments.

  • If the parties are ready to proceed, the claim may or may not be heard on this day.  The hearing may be postponed (adjourned) to another date.  If the hearing is adjourned, you will be asked about dates you are available.

  • You may ask for costs and disbursements; bring receipts for your disbursements (for example, receipts for service of the documents).

  • See also Evidence and Witnesses.

 

NOTE:  You are required to give evidence under oath or affirmation.  A Bible and an eagle feather are available in the courtroom, or you may affirm to tell the truth without swearing an oath.  If you prefer to make an oath on another sacred object or sacred book, please bring it with you to court.

 

 

How do I prepare my evidence and witnesses?

 

  • Arrange for the attendance of your witnesses.  A letter or report from a witness will not likely be considered in the absence of the witness.

  • A subpoena is not mandatory, if your witness will attend voluntarily.  If it is necessary, a subpoena is a court form that requires a witness to attend court and give evidence and/or to bring documents to court, please contact the court office.  See also Serving a Subpoena.

  • If there is a witness who is out of the province and cannot attend, you may write to the court asking if the witness may give evidence by telephone.

  • Prepare questions for witnesses – organize your questions so that your story is told in a logical way from beginning to end.

 

NOTE:  Witnesses are required to give evidence under oath or affirmation.  A Bible is available in the courtroom, or you may affirm to tell the truth without swearing an oath on the Bible.  If your witnesses prefer to make an oath on another sacred object or sacred book, please bring it with you to court.

 

  • All documents that you intend to present to the court as evidence to support your claim or defence must also be provided to the other party.  Bring with you your copy, a copy for the court and a copy for the other party.

 

NOTE:  Evidence that was provided at the hearing may be filed as an exhibit by the Court Officer.  The documents will be kept by the court pending the appeal period and returned to the parties at a later date.

 

 

What if I did not appear at the hearing?

 

Defendant

  • If you did not appear at the hearing, you will receive a Certificate of Decision and a Summary of Reasons from the court office, which will set out the decision given by the Court Officer in your absence.  If your mailing address has changed, contact the court office immediately.  You can access this decision by viewing the Court Registry System online at:  www.jus.gov.mb.ca.

  • If you did not appear at the hearing and you dispute the decision, you may consider filing an Application to Set Aside Decision (Form 76I).

  • The Court Officer may set aside the decision only if he or she is satisfied that:

    • you did not wilfully or deliberately fail to appear at the hearing;

    • you filed your application as soon as reasonably possible after learning of the decision on the claim or gave a satisfactory explanation for any delay in filing your application; and

    • it is fair and just in the circumstances to set aside the decision.

Be prepared to explain why you did not appear.

  • The Application to Set Aside the Decision must be filed at the court centre where the claim was filed.

  • There is no fee for filing the Application to Set Aside Decision but you must pay into court the amount of $150.00 for security for costs in guaranteed funds (cash, certified cheque or money order).

  • When you file the Application to Set Aside Decision with the court, you will be provided the date, time and place for the hearing of the application.

  • You must serve (deliver) a copy of the Application to Set Aside Decision on every other party to the claim.

  • If the decision of the Court Officer is to set aside the decision on the claim, the original decision becomes null and void and is no longer in effect from the date of the decision to set it aside.

  • If the decision of the Court Officer is to not set aside the decision on the claim, the original decision remains in effect and may be enforced as a judgment of the court.

  • The decision of a Court Officer on an Application to Set Aside Decision is final and cannot be appealed.

 

Claimant

  • If you did not appear at the hearing, the Court Officer or judge would have either adjourned the hearing of the claim to another date or dismissed your claim.

  • If the Court Officer adjourned the hearing of the claim to another date, you will be advised by the court office of the new hearing date.

  • If your claim was dismissed, you will receive a Certificate of Decision – Claimant Not at Hearing.  In order to proceed with the claim, you must file another claim.

     

     

    How do I appeal the decision?

 

Appeal the Decision of a Court Officer

    • You can only appeal on a question of law or jurisdiction and with leave or permission of a judge of the Court of Queen’s Bench.  An error of jurisdiction is when the Court Officer makes a mistake regarding his or her legal authority to make his or her decision. An error of law is when the Court Officer makes a mistake regarding a legal principle or statute. An appeal is not available on mistakes regarding the facts of the case.

  • Prepare and file an Application for Leave to Appeal and Notice of Appeal (Form 76K) within 30 days from the filing date on the Certificate of Decision.

  • The cost to file an Application for Leave to Appeal and Notice of Appeal is $35.00.

  • If you are unable to file an Application for Leave to Appeal and Notice of Appeal within the 30 days from the filing date on the Certificate of Decision, you may apply to a judge to ask that the time for filing the Application for Leave to Appeal and Notice of Appeal be extended and this is done by filing a Notice of Motion to Extend Time (Form 37A).

  • There is a fee of $100 for filing a Notice of Motion.

  • Upon the filing of the Application for Leave to Appeal and Notice of Appeal, the court will schedule an appointment for the date, time and place for the hearing of your leave application.

  • Serve (deliver) the Application for Leave to Appeal and Notice of Appeal on all other parties within 20 days of filing.

  • After an Application for Leave to Appeal and Notice of Appeal are filed with the court, all steps taken to enforce the decision of the Court Officer are stayed (stopped) and the stay continues until further order of the court.  A Certificate of Decision will be mailed to all of the parties that sets out the judgment of the court and the appeal judge may also provide written reasons for his or her decision and if so, you will also receive a copy of those reasons.

  • A Certificate of Decision on the appeal is a judgment of the court and may be enforced.

  • The appeal decision of the judge is final and cannot be appealed further.

 

Appeal the Decision of a Judge of the Court of Queen’s Bench

  • If your Small Claim was heard before a judge of the Court of Queen’s Bench and not a Court Officer, and you wish to appeal the decision, you may do so only on a question of law or jurisdiction and with leave (permission) of a judge of the Manitoba Court of Appeal.

  • Your Application for Leave to Appeal and Notice of Appeal must be made within 30 days of the date on the Certificate of Decision.

  • An error of jurisdiction is when the judge makes a mistake regarding his or her legal authority to make his or her decision. An error of law is when the judge makes a mistake regarding a legal principle or statute. An appeal is not available on mistakes regarding the facts of the case.

 

For further information on the Court of Appeal process, visit www.manitobacourts.mb.ca/court-of-appeal or call 204-945-2647.

 

 

How do I collect on the judgment?

  • If you are successful in proving your claim, you are responsible for collecting on the judgment, not the court.

  • The Certificate of Decision confirms the decision of the court.  If there is an award of money, this becomes a judgment of the court, which some credit bureaus register against the credit of the unsuccessful party.

  • The judgment is good for 10 years.  Contact the court before the expiry of the judgment for information on how to extend the judgment if any portion of it is still not satisfied.

  • Fees paid to enforce your judgment and some fees paid by you for serving the documents may be added to the amount of your judgment.

  • The party who is successful and receives a judgment is referred to as the judgment creditor, and the party that the judgment is against is referred to as the judgment debtor. There are several methods available through the court to assist the judgment creditor in collecting on the judgment. The judgment creditor may use one or more of the following methods of enforcement:

     

    Notice of Garnishment (Court of Queen’s Bench Rule 60)

    • You must prepare and file the Notice of Garnishment (Form 60E) with the court.  The filing fee is $50.00.

    • You must then serve the Notice of Garnishment on the garnishee (for example, the judgment debtor’s employer, bank, or credit union) by personal service, registered mail or regular mail.

       

  • Wages, salary or other money owed to the judgment debtor

  • The rules of court allow a judgment creditor to garnish from the employer of the judgment debtor some of his or her wages or salary toward satisfying the judgment.  You would have to know where the judgment debtor is employed to take this step.

  • The garnishee must pay a portion of the wages or salary owing to the judgment debtor into court.

  • Other money due to the judgment debtor may also be garnished in some cases, such as rental payments.  You need to know the name and address of the person or business that owes money to the judgment debtor.

  • The Notice of Garnishment is subject to certain exemptions and the judgment debtor may take steps to have the garnishment set aside by the court.

  • A Notice of Garnishment for wages remains in effect for one year after it is served on the garnishee.

  • Depending on how much money is owed on the judgment, you may have to obtain further garnishments in order to collect the full amount of the judgment.

     

  • Bank/Credit Union Accounts

  • A Notice of Garnishment can also be served on bank/credit union accounts of the judgment debtor.

  • You need to know where the judgment debtor holds a bank or credit union account.

  • The Notice of Garnishment requires the bank/credit union (garnishee) to pay into court all funds in the account on the day it is served on the bank/credit union up to the amount stated in the Notice of Garnishment.

  • The Notice of Garnishment is effective only on the day it is served.

     

Certificate of Judgment

  • A Certificate of Judgment (Schedule “A” of The Judgments Act) can be registered against real property owned by the judgment debtor.

  • You can obtain a Certificate of Judgment from the court office where your judgment is registered.  There is a $20.00 fee for this process.

  • You must then register the Certificate of Judgment at the Land Titles Office for the area where the judgment debtor owns land.

  • This creates a lien on the property of the judgment debtor.  The name of the judgment debtor must appear on the title of the property or land.

  • Once the Certificate of Judgment is registered, the title can only be transferred if the amount of the judgment is paid.

     

    For information on how a judgment creditor might take action to collect on the lien and whether there are any time limits, contact the Property Registry and/or Manitoba Land Titles at 204-945-2042 or online at www.tprmb.ca.

     

Writ of Seizure and Sale

  • A Writ of Seizure and Sale (Form 60A) directs the Manitoba Sheriff to seize and sell belongings of the judgment debtor equal to the amount owing on the judgment, and applicable costs/fees.

  • There is a $20.00 filing fee to obtain A Writ of Seizure and Sale.  There are also additional fees charged by the Manitoba Sheriff such as towing, storage, appraisal, auctioning, and advertising.  If successful, these fees are deducted from the money collected from the sale of the seized belongings. Because this method of enforcement can vary in cost, it is suggested the judgment creditor contact the nearest Sheriff office for further information.

Sample Claims/Counterclaims

Sample 1 – Claim by two individual claimants against two individual defendants:

THE QUEEN’S BENCH

Winnipeg Centre

BETWEEN:          John Doe                                         AND                     Jane Doe

123 Main Street                                                                        123 Main Street

Winnipeg, MB R1A 2B3                                             Winnipeg, MB R1A 2B3

                                                                                     

claimant

-and-

 

Holly Dale                                       AND                     Summer Dale

                             456 Any Avenue                                                         456 Any Avenue

                             Winnipeg, MB R2B 3C4                                             Winnipeg, MB R2B 3C4

                                                                                                                                               

defendant

Sample 2 – Claim by an individual against a registered business carrying on business by another name not registered.  Counterclaim by a business against an individual – no change to location or names of parties on documents:

You have done a Companies Office search and found out that the defendant’s roofing company is incorporated and its corporate name is “Rainy’s Roofing (1998) Inc.”.  However, they advertise and invoice using another version of the registered name.

     THE QUEEN’S BENCH

Winnipeg Centre

BETWEEN:          Theodore E. Behr

                             789 Main Street

                             Winnipeg, MB   R1A 2B3                                          

                                                                                                                                                claimant

                                                                                      -and-

 

                             Rainy’s Roofing (1998) Inc.          AND                     Rainy’s Roofing

                             c.o.b. as Rainy’s Roofing                                           111 Industrial Park

                             111 Industrial Park                                                     Winnipeg, MB  R2F 1G2

                             Winnipeg, MB  R2F 1G2

 

Sample 3 – Claim by an individual against an individual also known by another name:

 

     THE QUEEN’S BENCH

Winnipeg Centre

BETWEEN:          Theodore E. Behr

                             789 Main Street

                             Winnipeg, MB   R1A 2B3

                                                                                                                                                claimant

 

                                                                                      -and-

                             Jonathan Smith                              AND                     John Smith

                             a.k.a John Smith                                                         791 Main Street   

                             791 Main Street                                                                        Winnipeg, MB  R2F 1G2

                             Winnipeg, MB  R2F 1G2

 

                                                                                                                                                defendant

Sample  4 – Motor Vehicle Accident claim by a driver and owner against a driver and owner.  If owner and driver are same person, indicate “driver/owner” beside the name:

 

THE QUEEN’S BENCH

Winnipeg Centre

BETWEEN:          Bert Wheeler (driver)                   AND                     Ernie Wheeler (owner)

                             123 Anywhere Road                                                  123 Anywhere Road

                             Winnipeg, MB   R6T 2R2                                           Winnipeg, MB  R6T 2R2

 

                                                                                                                                                claimants

                                                                                      -and-

Kerr Trolley (driver)                      AND                    The City of Winnipeg (owner)

                             456 Storm Drive                                                         510 Main Street

                             P.O. Box 100000                                                         Winnipeg, MB R3B 1B9

                             R.M. of West St. Paul, MB R9K 4L4                         Attention:  City Clerk

 

                                                                                                                                                Defendants

Information on this page last updated on June 30, 2020