Form 1A.1 – Additional Debtors

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 1A.1 – Additional Debtors?

Form 1A.1 – Additional Debtors is a Small Claims Court attachment sheet used in Ontario. You use it when the main court form does not have enough space to list every judgment debtor. It is an “additional parties” schedule tailored for debtors. It becomes part of the court record once you file it with the related form.

You will see this need most often after you have a judgment. Many enforcement forms only provide space for one or two debtors. If your judgment names more, you must list them all. The Additional Debtors sheet solves that. You attach it to the main filing so court staff, the Sheriff, or a garnishee can identify every debtor tied to the judgment.

Who typically uses this form?

Judgment creditors use it. That includes self‑represented individuals, landlords, trades, suppliers, and small businesses. Law clerks and paralegals also use it when filing on behalf of clients. The common thread is the same. You already have a judgment or enforceable order. You are taking a step that requires identifying all judgment debtors. The form lets you capture everyone.

Why would you need this form?

Because enforcement needs precision, the court cannot issue correct enforcement documents if you leave out a debtor. A bank will not freeze funds for someone not named. The Sheriff will not seize assets belonging to a person missing from the paperwork. If your judgment is against multiple people or entities, you must name each one. The Additional Debtors sheet ensures no one is missed due to space limits on the main form.

Typical usage scenarios include wage or bank garnishments, writs of seizure and sale, and post‑judgment hearings. For example, you might be issuing a Notice of Garnishment against a debtor’s bank. Your judgment is against three co‑tenants. The Notice of Garnishment only has room for one or two names. You attach Form 1A.1 to add the rest. Or you are filing for a writ of seizure and sale of land. Your judgment is against both a company and its guarantor. You attach Form 1A.1 to list each debtor so the writ is issued correctly for both. You may also use it when seeking examination hearings where the notice form limits the number of named debtors. In each case, the function is the same. You use it to list every judgment debtor exactly as shown on your judgment or order.

This form does not add new parties to your case. It is not used to substitute a different debtor. It simply extends the debtor list from the main filing. If you need to add or change parties not on the judgment, you must first get a court order to amend. This form will not do that. It only records additional debtor names, addresses, and details so the enforcement can run smoothly.

When Would You Use a Form 1A.1 – Additional Debtors?

You use this form any time you file a Small Claims Court document that requires you to name all judgment debtors, and the main form lacks space. Imagine you won judgment against a partnership and both partners. You want to garnish a bank account. The bank needs to know every debtor tied to the file. You would attach Form 1A.1 so the bank receives a complete debtor list.

Another example is a supplier with a judgment against a corporation and a personal guarantor. You plan to issue a writ of seizure and sale of land. The standard writ form may not fit both names cleanly. You attach Form 1A.1 so the Sheriff can index the writ against both the corporation and the guarantor.

Landlords often face groups of co‑tenants. You may have a judgment against four roommates. You want to garnish the monthly rent they receive from a subtenant or seize funds in joint bank accounts. The garnishment paperwork needs every debtor’s name. The Additional Debtors sheet lets you add all four co‑tenants cleanly.

Contractors may sue a homeowner couple and receive a joint judgment. You decide to examine both debtors in aid of execution. The notice for the hearing might not accommodate more than one person. The Additional Debtors sheet lets you set out the second debtor’s details so each debtor can be served.

Small businesses sometimes win judgments against several directors on a guarantee. You prepare multiple enforcement steps over time. Each step must reflect the complete list of debtors. You attach this form as needed so the enforcement stays tied to everyone responsible under the judgment.

Paralegals and law clerks use this form in busy collection files. They file many Notices of Garnishment and writs against many debtors. The Additional Debtors sheet keeps the paperwork organized. It prevents missing a name due to a cramped field on a standard form.

In short, you use Form 1A.1 whenever you must list more debtors than the main form allows. The key sign is simple. If you cannot fit all debtor names, add this form. If you are unsure, err on the side of attaching it. It avoids rejection at filing and delays in enforcement.

Legal Characteristics of the Form 1A.1 – Additional Debtors

This form is not a standalone legal document that creates liability. It does not make someone a debtor by itself. The underlying judgment or order does that. Form 1A.1 is a schedule. It extends the debtor list on a primary filing, such as a garnishment or writ request. Its legal force comes from the main document and the court’s existing judgment.

Why is it legally binding in practice?

Because the court accepts it as part of your filed package. Once filed, it becomes part of the official record for that enforcement step. Court staff rely on it to prepare and issue documents. The Sheriff relies on it to act on writs. Garnishees rely on it to identify whose funds or wages are attached. If the names on the schedule match the judgment, the enforcement can proceed against each named debtor.

Enforceability depends on accuracy and consistency. Names must match the judgment or order. If the judgment says “ABC Ontario Inc.,” you must use that exact legal name. If the judgment lists “John A. Smith,” use that full name. Do not shorten names. Do not swap order. Minor variances can cause problems when banks or land registries search names. It can also confuse the Sheriff’s indexing. The closer you track the judgment, the cleaner the enforcement.

It also depends on proper filing and service. The main enforcement form may require an affidavit or a signature. That oath or signature covers the information on the Additional Debtors sheet. It becomes part of what you are attesting to. If service on the debtor is required for the step, you serve the entire package. That includes the Additional Debtors sheet. A garnishee or Sheriff will accept the package as a whole.

General legal considerations apply. You cannot list someone who is not a judgment debtor. If a name needs correction, seek an amending order first. You must handle personal information carefully. Only include what is necessary to identify the debtor. Dates of birth can help a garnishee or Sheriff avoid mistaken identity. Only include them if you are sure and the field is requested. Do not guess. For corporations, include the legal name and any number or registration details you have. This helps index writs correctly.

If a debtor changed their name after judgment, use the judgment name. You can add an “also known as” if you have reliable proof. But the primary entry should mirror the judgment. If a company amalgamates or dissolves, consider whether you need an updated order. The court and enforcement offices rely on the judgment first. The form cannot fix a party identity problem. It can only present the correct debtor list as defined by the court’s order.

How to Fill Out a Form 1A.1 – Additional Debtors

Follow these steps to complete the form accurately and avoid delays.

1) Confirm you need the form.

Check your main filing. If it cannot fit all debtor names, use this form. You cannot use it to add new people, not on your judgment.

2) Gather the essentials.

Have your court file number, court location, and the exact style of cause from your judgment. Gather each debtor’s full legal name and address. For individuals, note any known aliases and the correct spelling. For businesses, confirm the legal name, not just a trade name. If you know a corporate number or registered office, keep it handy. If the form requests date of birth for individuals and you know it, have that ready.

3) Prepare the main enforcement form.

Complete the primary document first. That might be a Notice of Garnishment, a writ request, or another post‑judgment form. Enter as many debtor names as fit in the main fields. Do not abbreviate to squeeze more names into one line. You want clarity. You will add the rest on Form 1A.1.

4) Complete the header of Form 1A.1.

At the top, identify the court location and your Small Claims Court file number. Use the same file number that appears on your judgment and main form. Enter the style of cause as it appears on the judgment. That is usually: [Your name or business] as the creditor and [Debtor names] as the debtors.

5) Indicate the attachment link.

If the form includes a line to name the attached document, complete it. For example, you note “Attached to: Notice of Garnishment” or “Attached to: Writ of Seizure and Sale.” This ensures court staff connect the sheets correctly. If there is no specific field, you can write the main form’s name near the top.

6) Enter each debtor’s full legal name.

Use one entry per debtor. Do not combine multiple people in one line. Copy the names exactly from the judgment or order. Include middle names or initials if shown. If the debtor uses a trade name, list the legal name first. You can add “operating as [Trade Name]” if space permits and it aids identification.

7) Clarify the debtor type.

If space allows, indicate whether the debtor is an individual, corporation, or partnership. For corporations, add “Inc.,” “Ltd.,” or the precise suffix. If you know the Ontario Corporation Number, include it. For partnerships or sole proprietorships, include the proprietor’s legal name linked to the business name if your judgment reflects that relationship.

8) Provide a complete service address.

Enter a full mailing address for each debtor. Use the last known residential address for individuals. Use the registered office or principal place of business for corporations. If you know multiple addresses, choose the best service address and note others in the main form if requested. Keep the address in Ontario if that is the service address you plan to use. If the debtor is outside Ontario, list the most reliable address for service and follow any specific service rules in your main filing.

9) Add contact details if requested.

Some court processes allow or require email for service if consent exists. If the main filing will use email service, and you have consent, include the debtor’s email address. If you do not have consent or certainty, leave the email field blank. Do not guess or use a casual address. Include a phone number only if the form asks for it.

10) Include identifiers only if asked and accurate.

Some enforcement processes benefit from a date of birth for individuals. This helps banks and employers avoid freezing the wrong person’s funds. Only complete this field if the form requests it and you are sure. Do not include sensitive numbers that the form does not ask for.

11) Repeat until all debtors are listed.

Use a separate line or block for each debtor. If you still run out of space, attach another Additional Debtors sheet. Keep the same file number and style of cause at the top of each sheet.

12) Check for consistency with the main form.

Ensure the total number of debtors listed across the main form and attachments matches the judgment. Do not split a single debtor’s name across forms. Do not allocate amounts unless the judgment specifies separate amounts. If the judgment is joint and several, you do not apportion. You list names only. The amounts appear in the main enforcement form.

13) Review for spelling and accuracy.

Small mistakes can delay enforcement. Confirm each name letter‑by‑letter with the judgment. Confirm the addresses are current to the best of your knowledge. Confirm that any “also known as” entries are supported by your records.

14) Handle signatures properly.

Most Additional Debtors sheets do not require a separate signature. Your signature or affidavit on the main form covers the attachment. If there is a space to sign or initial each page, do so. Date the main form. The attachment will carry the same date through its reference.

15) Assemble your package.

Place the Additional Debtors sheet directly behind the main form. Number the pages if the filing system asks for it. Keep your exhibits and attachments in clear order. If you are filing electronically, upload the attachment as part of the same submission. Name the file in a way that shows it belongs with the main form.

16) Make copies.

Prepare at least one copy for your records and one for each party you must serve. Remember that service rules for your main form apply to the whole package. If you must serve each debtor, you must serve the Additional Debtors sheet as well.

17) File and pay any required fees.

Submit the full package to the Small Claims Court at the correct location. Pay the related fee for the main filing, if any. There is no separate fee for the attachment itself. It travels with the main form.

18) Serve as required and keep proof.

Serve the filed documents on each party if service is required. Keep your proofs of service. If a garnishee must be served, include the attachment. A bank or employer needs the complete list of debtors.

19) Follow up on indexing.

If you are issuing a writ, confirm that the Sheriff has indexed the writ against each debtor. The Additional Debtors sheet should make that straightforward. If you see a missing name in the index, contact the office quickly.

20) Correct errors quickly.

If you discover a misspelling or a missing debtor, act fast. If the error is minor, court staff may allow a correction without a motion. If the change alters a party’s identity, you may need an amending order. Do not rely on an attachment to fix a party problem created by the judgment.

Practical examples help. Suppose you hold a judgment against “XYZ Plumbing Ltd.” and “Maria Lopez.” You are issuing a Notice of Garnishment to a bank. The main form fits only one debtor. You enter “XYZ Plumbing Ltd.” on the main form. You add “Maria Lopez” to the Additional Debtors sheet. You provide each debtor’s address. You file and serve the package. The bank can now process the garnishment against both debtors tied to the same judgment.

Or you have a judgment against four roommates: “Evan Moss,” “Kira Patel,” “Luis Gomez,” and “Anna Zhang.” You are issuing a writ of seizure and sale of land. The writ form allows two names. You list two debtors on the main form and the other two on Form 1A.1. The Sheriff now indexes the writ against all four names. If any debtor owns land, the writ will show in a search.

One last tip. Always align your entries with the judgment. If the judgment lists “1234567 Ontario Inc.,” keep that structure. If the debtor changed names after judgment, use the judgment name first. You can add the new name as “also known as” if space allows and your main form permits. Doing so helps third parties match records. It also avoids disputes about who the enforcement targets.

If you follow these steps, your Form 1A.1 will do its job. It will present a full, accurate debtor list. It will support your main filing. And it will help you avoid delays caused by incomplete party information.

Legal Terms You Might Encounter

• Debtor means the person or business you say owes you money. On Form 1A.1, you list each added debtor by full legal name. This ensures the court record matches who you intend to sue or enforce against.
• Creditor means the person or business claiming money. In Small Claims Court, you are usually the plaintiff. Form 1A.1 does not change your role. It only expands the list of people who may owe you.
• Defendant is the party you sue in the claim. You may see both “defendant” and “debtor” used. On this form, “additional debtor” points to another person you name as responsible for the same debt or damages.
• Joint and several liability means each debtor can be responsible for the full amount. You can collect the total from any one of them if the court awards judgment. Listing all responsible parties on Form 1A.1 protects your ability to collect.
• Legal name is the exact name of a person or organization as registered. Do not use nicknames or short forms. For a business, use the corporation’s full legal name or the partnership name. If a sole proprietor uses a business name, record both the person’s name and the operating name.
• Operating name (carrying on business as) is the name the public sees. It is not a legal entity. On Form 1A.1, record the legal entity and add “operating as” if you rely on a business name. This links the debtor to the right person or company.
• Service address is where you will deliver court documents. You must give a mailing address and, if you have it, a place where the debtor can be found. An accurate service address helps you avoid delays or failed service.
• Court file number identifies your case at the courthouse. You add this number on Form 1A.1 when you file it with an existing case. If you attach the form when you start a claim, the court will add the file number after issuing.
• Capacity tells the court the debtor’s legal form. Mark, if the debtor is an individual, a corporation, a partnership, or a sole proprietor using a business name. Capacity guides how you serve and enforce against that debtor.
• Litigation guardian appears if a debtor is a minor or under disability. You cannot sue a minor directly. You record the litigation guardian’s details, not the minor’s alone. If you face this situation, review the court’s requirements before you file.
• Authorized representative is the person who prepares or files documents for a party. If you are an agent, you sign your name and state your role. The court needs to know who acts on a party’s behalf and how to reach them.

FAQs

Do you need Form 1A.1 if you simply ran out of space on your main claim?

Yes. Use Form 1A.1 when the main form does not have enough room for all debtors. It lets you add complete details for each extra debtor without crowding fields. Attach it behind the main claim or the document that names debtors.

Do you use Form 1A.1 to add a new debtor after the claim is issued?

Not by itself. Form 1A.1 extends the party list when you file your claim. If your claim is already issued and you want to add a new debtor, you usually need a court order. Ask the court office which form and process apply to adding parties after issue.

Do you need each debtor’s exact legal name?

Yes. This is critical. Use the full legal name for individuals. For corporations, use the full corporate name. For sole proprietors using a business name, include the person’s name and the operating name. Avoid initials and nicknames.

Do you need a separate address for each added debtor?

Yes. Provide the best mailing address you have for each debtor. A service address helps the court and ensures proper delivery. If you know a physical location where the debtor can be found, record that as well.

Do you have to split the claim among multiple debtors on the form?

No. List the same total claim on your main claim form. Form 1A.1 is only for identifying extra debtors. You do not allocate amounts here unless your case involves separate amounts for different debtors. If it does, explain that division in your claim details.

Do you need to serve the added debtors with the claim?

Yes. Each debtor you name must receive the issued claim and any attached forms, including Form 1A.1. Service rules depend on the debtor’s capacity. Accurate addresses on Form 1A.1 make service easier and reduce the risk of delay.

Do you need to pay an extra fee to use Form 1A.1?

The form itself does not trigger a separate fee. Filing fees are tied to the claim or motion. If you file Form 1A.1 with a new claim, regular issue fees apply. If you seek to add parties after the issue, fees for that process may apply.

Do you need to refile Form 1A.1, if you find a spelling mistake later?

Yes, fix errors quickly. If the case has not been issued yet, correct the form and refile with your claim. If the case is issued, you may need a court process to amend the party name. Act fast to avoid service problems or enforcement issues later.

Checklist: Before, During, and After the Form 1A.1 – Additional Debtors

Before you complete or sign

• Confirm the court location where your case belongs.
• Gather the court file number if the case was already opened.
• Verify each debtor’s full legal name and correct spelling.
• For individuals, confirm legal names from government ID, if possible.
• For corporations, verify the exact corporate name and status.
• For partnerships, identify the partnership name and the partners’ names if needed.
• For sole proprietors, identify the person’s legal name and any operating name.
• Collect full mailing addresses for each debtor, including postal codes.
• Collect physical addresses where service may occur, if different.
• Confirm the capacity for each debtor: individual, corporation, partnership, or sole proprietor.
• Note any litigation guardian details if a debtor is a minor or under disability.
• Identify phone and email contact points if available, for practical follow-up.
• Review your main claim or document to ensure the debtor list matches.
• Check limitation periods and any deadlines that could affect timing.

During completion and signing

• Enter the court location exactly as on your main case documents.
• Add your court file number if one exists. Do not guess.
• Write each debtor on a separate line or section as the form allows.
• Record the debtor’s full legal name. Include middle names if known.
• Add operating names only as “operating as” after the legal name.
• Mark the debtor’s capacity. Do not leave the capacity blank.
• Provide a complete mailing address for each debtor.
• Include additional physical locations for service if relevant.
• Double-check spellings, numbers, and postal codes.
• Ensure the number of added debtors matches your intent.
• Review whether you need more than one copy of the form for filing.
• Sign and date the form if the form requires it. If you are an agent, state your role.
• Keep your tone consistent across all forms in the package. Names must match.

After signing and assembling

• Attach Form 1A.1 behind the main claim or document that names parties.
• If filing a new claim, file the entire package together.
• If adding parties to an existing case, ask the court about the correct process before filing.
• Make photocopies for the court, yourself, and each debtor you will serve.
• File at the same court location where your case sits, unless directed otherwise.
• Obtain the issued, court-stamped copies for service.
• Serve each debtor with the issued claim package, including Form 1A.1.
• Use an approved method of service based on each debtor’s capacity.
• Complete and file an Affidavit of Service for each debtor you served.
• Calendar service deadlines and any response timelines for defendants.
• Store stamped copies and proof of service in a secure file.
• Update your service list and contact records for each debtor.

Common Mistakes to Avoid Form 1A.1 – Additional Debtors

• Using the wrong or incomplete legal name. If you misspell or shorten a name, you risk service failure or later enforcement problems. Don’t forget to confirm the exact legal name for each debtor before filing.
• Mixing up operating names with legal entities. If you sue only the business name and not the legal person or corporation, your judgment may not bind the right party. Don’t forget to record the legal entity first, then add “operating as.”
• Leaving the capacity blank or wrong. Capacity affects service and enforcement. If you mark a corporation as an individual, you may serve the wrong way. Don’t forget to select the correct capacity for each debtor.
• Using one mailing address for all debtors. A shared address may cause non-delivery and delays. Don’t forget to provide a unique, reliable address for each debtor, even if they are related or in the same business group.
• Trying to add new debtors after an issue with only Form 1A.1. This form does not replace the process for adding parties later. Don’t forget to confirm the proper court process if the claim is already issued.

What to Do After Filling Out the Form 1A.1 – Additional Debtors

1. File the form with your claim package. If you are starting a case, include Form 1A.1 behind your main claim. Bring the correct number of copies. The court will stamp and return issued copies to you.
2. If your case already exists, confirm the required process. The court may require a motion or consent to add parties after issue. Ask court staff what forms and steps apply. Do not serve an unapproved version to new parties.
3. Serve every added debtor. Once you have issued, serve the full claim package. Include the issued Form 1A.1 that lists the debtor. Choose a method allowed for that debtor’s capacity. Track dates and details.
4. Prove service. Complete an Affidavit of Service for each debtor. File it with the court by the deadline. Keep delivery receipts, courier slips, or process server affidavits with your records.
5. Monitor response deadlines. Each defendant has a set time to respond. Note the deadline for each debtor based on the service date. Use a tracking sheet to avoid missing default opportunities or scheduling dates.
6. Correct errors quickly. If you spot a mistake in a debtor’s name or capacity, act fast. If the claim has not been issued, refile corrected forms. If the claim is issued, use the court’s process to amend party information.
7. Update your case management file. Add each debtor to your service list, calendar, and contact sheet. Store copies of the issued forms, proof of service, and any returned mail. Note any special instructions for service or contact.
8. Plan enforcement early. If you obtain judgment, you will enforce against the named judgment debtors. The accuracy of Form 1A.1 will affect writs, garnishments, and other enforcement steps. Verify names and addresses again before enforcement.
9. Consider settlement communications. If you plan to discuss settlement, ensure your outreach lists all debtors. Confirm that you send any offers to each debtor or their representatives. Keep copies of offers and responses.
10. Keep everything consistent. The names on Form 1A.1 must match the names on all other documents. Consistency avoids challenges and speeds up court processing.