Small claims court is often the last resort for people trying to collect money they’re owed. But even winning a case in court doesn’t always mean people will be able to get their money. Mani Alizadeh went through a tough breakup in 2022. His ex left with everything, and then some. “He spent $9,000 on my credit card without my knowledge, and he owed me another $8,000. Plus, he took my laptop and keyboard and some furniture and things like that,” says the man, whose case dates back three years. Alizadeh sued his ex and won $15,000 plus fees in small claims court. His ex did not show up in court to defend himself, so judgment was rendered by default. But Alizadeh soon discovered he was on his own to collect his dues. “The court clerk said we just give you the court order, the rest is yours. So, no guidance on how I can proceed with this paper.” With his judgment in hand, Alizadeh was told he’d need a bailiff to collect. But first, he had to hire three different private investigators just to track down his ex. He says that alone cost him nearly $1,000. Once he found a bailiff, Alizadeh had to pay an advance deposit. The good news is, it’s the debtor who, in the end, will pay the bailiff fees, on top of the money owed, explains François Labrecque, spokesperson for the Quebec Chamber of Bailiffs. “Depending on what kind of seizure, the fees will go up more for the defendant. That’s why when we’re doing the first step, we explain to the defendant, you better take an arrangement, you better start paying.” Unfortunately for Alizadeh, the bailiff soon realized his ex had no assets that could be seized. He quit his job the minute his wages were garnished and he doesn’t currently hold a job. But the Quebec Chamber of Bailiffs say there’s a way around this. “The judgment is good for 10 years,” Labreque said. “So, like we say to our client, always keep the judgment on the side and keep their eye on it. So, if you’re the guy starting to work, like I said to my client, wait a year or two years after that, and if you’re doing your research and you see if the person is back to work again, gets an inheritance or wins the lottery.” Every time a creditor tries to execute the judgment, the counter returns to zero, and provides another 10 years to execute. The problem is that the creditor still needs to hire a private investigator and rehire a bailiff every time. It’s not a practical solution for Alizadeh. “The more I wait, I lose trace. He keeps changing places, changing jobs. It gets harder to get the money. I need the money today, not in 10 years.” Bailiffs admit that going after insolvent debtors is often a frustrating exercise and say if the debt is less than $500, it might not be worth going after. But they encourage people to keep their judgment because everyone eventually pays up. The question for Alizadeh is whether it’s worth the time and money despite doing everything by the rules.
