Monetary Orders instruct a person to pay another person a specific amount of money. Find out what you need to do if you are the successful party in a dispute and have been granted a monetary order.
If you are the successful party in a dispute and have been granted a Monetary Order, you need to serve the other party a copy of the order along with a demand letter.
The demand letter should clearly state:
If necessary, this letter can be used as evidence in small claims court to enforce the order.
There are several ways to serve the order. Review methods of service to find out your options.
In rare cases, you may be unable to serve a document using the available options. To serve documents in a different way you must apply for a special order. This is called a substituted service order.
You need to provide proof that you have tried to serve the document. The proof must show:
You can apply for a substituted service order online by going to the Dispute Access Site.
If the successful party is a tenant who is owed money by the landlord, the tenant may deduct the amount of the monetary order from rent.
It is a good idea to inform the landlord in writing of the reason for the deduction.
If the successful party is a landlord who is owed money by the tenant, the landlord may deduct the amount of the monetary order from any security deposit or pet damage deposit due to the tenant.
It is a good idea to inform the tenant in writing of the reason for the deduction from the deposit.
The (RTB) has the power to issue monetary orders, but they cannot enforce these orders. If the other party refuses to pay, you will have to go to small claims court to claim your money.
Once you have received your monetary order from the RTB, serve the other party with:
After 15 days have passed, contact the RTB to see if the other party has applied for a review of the decision.
If the other party refuses to pay, contact the nearest court registry to con firm the requirements specific to your case. V isit the registry to file:
Pay filing fees – these can be added to your court claim.
A small claims court judge may help you obtain the money you are owed by using any of the following approaches:
Request a payment hearing to gather more information about the other party's financial situation. The judge may order them to pay immediately or follow a payment schedule.
Ask the court for the right to receive money from a source that owes the other party. You might be able to receive the money you are owed through the other party's bank or employer.
Ask for permission to have a court bailiff take the other party's personal possessions and sell them in order to pay you back.
Request that a court registrar issue you a certificate of judgment that can be filed at the land title office. This could prevent the other party from selling or mortgaging land that they own until they clear their debt with you.