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ARTICLE · 09 SEPTEMBER 2026

What To Do When Your Debtor Plays Hard To Get - Land Sale

Casey & Moss LLP
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When garnishment isn't enough to recover a debt, initiating a land sale offers a powerful enforcement remedy. This guide walks through the detailed process of preparing for and executing a sheriff's sale of a debtor's property, from the mandatory waiting period to gathering essential documentation like parcel registers, mortgage statements, and certified appraisals.

CanadaLitigation, Mediation & Arbitration
Jennifer Jiang
Jennifer Jiang
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In my previous post, we discussed the option of garnishing a debtor’s bank account when they play hard to get. But what if garnishment isn’t enough? Initiating a land sale is another powerful enforcement remedy.

Step One – Wait

A creditor may not take any step to sell land until four months after filing the Writ with the Sheriff. Furthermore, the Sheriff cannot hold a land sale until six months after filing.1

However, that first four-month window shouldn’t go to waste. Use this time to gather the following required documentation so everything is ready to go. Keep in mind that different Sheriff’s offices may have specific document requirements, so always confirm in advance.

Step Two – Gather Documents While You Wait

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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