Understanding the Ontario Superior Court of Justice Form 20N: Request to Renew Writ of Seizure and Sale
If you are involved in a legal proceeding in Ontario that involves the enforcement of a judgment through seizure and sale of property, you may need to renew a Writ of Seizure and Sale. The Ontario Superior Court of Justice provides a specific form—Form 20N—to formally request this renewal. This article explains when and why to use this form, what information it requires, and how to properly submit it to ensure your enforcement actions remain valid.
What is the purpose of Form 20N?
Form 20N, titled Request to Renew Writ of Seizure and Sale, is used by creditors or their representatives to extend the validity of a Writ of Seizure and Sale of Personal Property (Form 20C) or of Land (Form 20D). Under Ontario law, these writs are initially valid for six years from the date they are issued. If the creditor wishes to continue enforcement beyond this period, renewal is necessary. The form facilitates this process by formally requesting the court to authorize an additional six-year period, starting from the current expiry date of the writ.
When should you use Form 20N?
This form should be completed and submitted in the following situations:
- When the original Writ of Seizure and Sale is nearing its six-year expiry date and the creditor intends to continue enforcement actions.
- If the enforcement process has not yet resulted in the sale or seizure, but the creditor believes that extending the writ will help achieve the judgment's collection.
- In cases where the creditor has already renewed the writ once, and further enforcement is still necessary.
Failure to renew the writ before its expiry may result in the need to start enforcement proceedings anew, which can delay the recovery process.
Key information required on the form
Completing Form 20N involves providing specific details to identify the case and the enforcement actions:
| Field | Description |
|---|---|
| Claim Number | The original claim number associated with the judgment. |
| Enforcement/Writ File Number | The file number assigned to the enforcement proceedings. |
| Parties involved | Names of the creditor(s) and debtor(s). |
| Type of Writ | Specify whether it is a Writ of Seizure and Sale of Personal Property or Land. |
| Original Writ Issue Date | The date when the original writ was issued. |
| Enforcement Office Details | Name of the sheriff or bailiff’s office, including location. |
| Signature and Contact Information | Signature of the creditor or their authorized representative, along with contact details. |
How to submit the renewal request
Once completed, the form should be signed by the creditor or a legal representative and submitted to the sheriff or bailiff’s office responsible for enforcement in the relevant jurisdiction. It is recommended to verify the specific submission procedures with the enforcement office, as some may accept mail, electronic submissions, or require in-person delivery.
Keep in mind that the renewal request must be filed before the current expiry date of the writ to avoid lapsing. Additionally, ensure all information is accurate and complete to prevent delays or rejection of the renewal application.
Fill in your form directly online
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Points of attention and legal considerations
Renewing a Writ of Seizure and Sale extends its enforceability for another six years, but it does not guarantee successful enforcement. It is essential to continue active efforts to seize and sell property within this period. Also, if the debtor’s circumstances change or if the property is no longer available, further legal steps may be necessary.
Finally, always check the latest version of the form on the official Ontario Court Forms website to ensure compliance with current legal requirements and procedural updates.