Form 20K – Identification Form

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 20K – Identification Form?

The Form 20K – Identification Form is a Small Claims Court form used in Ontario. It belongs to the Superior Court of Justice – Small Claims Court. You use it to provide identifying details for a person or business involved in enforcement. It helps the court and enforcement offices confirm the correct parties. It prevents errors when you ask the court to enforce a judgment.

This form captures key facts about the debtor and creditor. It lists names, addresses, and other identifiers that narrow down who is who. For businesses, it confirms the exact legal entity. For individuals, it confirms the correct person. The court uses it to support steps like garnishment and writs.

Who typically uses this form?

Judgment creditors use it most often. That includes self‑represented litigants, paralegals, and lawyers. You may also use it if you represent a corporation or partnership. The form can also be used by a defendant who wants to correct identity issues. For example, if a similar‑named person was mistaken for you.

Why would you need this form?

You need it when you want to enforce a judgment and the court requires identifiers. The clerk and sheriff rely on accurate identity information. This is true for wage garnishments, bank garnishments, and writs. The form helps them match the right person or company. It also reduces delays and returned filings.

Typical usage scenarios

• You won a default judgment. You want to garnish the debtor’s wages. You complete the Form 20K so the court can identify the debtor and the employer.
• You plan to seize and sell the debtor’s personal property. The sheriff needs the debtor’s identifiers and addresses.
• You want to issue a writ against land. You need the debtor’s full legal name and any known aliases. You also include any property address you know.
• Your debtor operates under a trade name. You must identify the legal owner behind the business name. The Form 20K helps you set that out cleanly.
• There are multiple people with the same or similar names. You give extra details, like a former name or middle names, to avoid a mismatch.

In short, this form is a supporting document for enforcement. It does not replace your judgment or your enforcement forms. It supports them by confirming identity so enforcement can proceed.

When Would You Use a Form 20K – Identification Form?

You use the Form 20K when you move from judgment to collection. If you request a Notice of Garnishment, you supply the debtor’s identity. If you request a writ, you supply identity. If you schedule an examination in aid of execution, you supply identity. The court must know exactly which person or company you target. The Form 20K gives the court what it needs.

You also use it when names are unclear. Think about spelling variations and hyphenated names. Think about changes after marriage or incorporation. If you sued a trade name, you clarify the legal owner. If a company recently amalgamated, you note the current legal name. If your debtor uses two given names, you include both. The Form 20K reduces confusion before the sheriff acts.

Typical users include landlords, contractors, suppliers, and service businesses. You might be a sole proprietor who won a claim against a customer. You might be a tenant who won against a landlord. You might be a judgment debtor correcting mistakes about your identity. Paralegals and lawyers use it to avoid returned filings. They know the sheriff will not guess based on partial names.

Consider these situations:

• You obtained judgment against “John J. Smith.” Your debtor is “John James Smith.” Another person is “John Joseph Smith.” You use the Form 20K to set out the exact middle name and date of birth, if known.
• You sued “ABC Plumbing.” The legal owner is “1234567 Ontario Inc.” carrying on business as “ABC Plumbing.” You use the Form 20K to name the corporation as the debtor. You include the trade name as an alias.
• You want to garnish a bank account. You have the debtor’s full name and address. You also know the branch address where the account sits. You list the correct garnishee and identifiers to help the bank match the account.
• You want to issue a writ of seizure and sale of land. You include the debtor’s legal name and any property address. This helps the writ system index the writ against the right owner.

If you ask, “Do I need it every time?” check your enforcement step. If your request asks for identifying details, prepare this form. It saves time. If the court already has everything, you may not need to repeat it. But if anything changed, file updated details with your request.

Legal Characteristics of the Form 20K – Identification Form

Is it legally binding? The Form 20K is an official court form. It is part of your enforcement record. It is not a judgment or an order. But you must complete it truthfully and carefully. The court and sheriff rely on it. False or misleading details can cause serious problems. The court can refuse or set aside enforcement if identity is wrong. You may face cost consequences for errors that cause harm.

What ensures enforceability? Accurate identity ensures the right person or company is targeted. That allows garnishments and writs to attach correctly. Clerks and sheriffs check for required identifiers. If mandatory fields are missing, they return your documents. If you submit a complete and accurate Form 20K with your enforcement forms, the clerk can process your request. The sheriff can act with confidence.

General legal considerations:

• Accuracy matters. Use the full legal name as it appears on ID or corporate records.
• Aliases matter. If the debtor was sued under multiple names, list them all.
• Corporate status matters. State if the debtor is a corporation, partnership, or sole proprietor.
• Privacy matters. Include sensitive data only if the form asks for it. Do not include a Social Insurance Number unless the form requires it. Courts rarely need it for Small Claims enforcement.
• Completeness matters. Include current and recent addresses. Include former names where relevant. Include employer or bank details if your enforcement step needs them.
• Evidence matters. Attach supporting records if the form allows it. That can include a corporate profile or proof of a name change.
• Consistency matters. Your Form 20K should align with your judgment and other forms. If the judgment shows “Jane A. Doe,” do not switch to “J. Ann Doe” unless you explain and document the change.

The court treats the Form 20K as part of your enforcement package. The information can be shared with the clerk and sheriff to carry out enforcement. It is used for the strict purpose of matching and enforcing. Keep a copy. You may need it if the debtor disputes identity or if enforcement spans multiple steps.

How to Fill Out a Form 20K – Identification Form

Follow these steps. Gather your documents before you start. Work from your claim, judgment, and any corporate records.

1) Identify your role and the court file

• Enter the court location. Use the same court office as your file.
• Enter the court file number exactly as shown on your judgment.
• Confirm your role: creditor (plaintiff) or debtor (defendant). Tick or mark the correct box if the form provides one.

2) Provide creditor (plaintiff) identification

• Full legal name. For individuals, include given names and any middle names. Avoid initials if you can.
• For businesses:
• Corporations: state the exact corporate name, including “Inc.”, “Ltd.” or “Corp.” Include the Ontario corporation number if known.
• Partnerships: list the partnership name and all partners’ legal names, if applicable.
• Sole proprietors: state the owner’s legal name and any trade name (e.g., “John Lee operating as JL Services”).
• Address for service. Use a current mailing address. Include unit number and postal code.
• Contact details. Provide phone and email if the form asks.
• Any aliases. Add former names, maiden names, or trade names used in the court file.

3) Provide debtor (defendant) identification

This is the most important section. Be precise.

• Full legal name. Use the exact spelling. Include all given names and suffixes.
• Former names and aliases. Include maiden names, hyphenated names, or common variations used in the claim.
• Date of birth (if known and if the form asks). If you do not know, leave it blank. Do not guess.
• For corporations:
• Full legal name including suffix.
• Corporation number and jurisdiction of incorporation, if known.
• Trade names or “carrying on business as” names linked to the file.
• For partnerships:
• Partnership name and known partners.
• Addresses:
• Current residential or head office address.
• Last known address if the current address is uncertain.
• Any business location connected to the debt.
• Contact details (if known and the form asks). Phone, email, or other contact used in your dealings.
• Employment details (if seeking wage garnishment):
• Employer’s legal name.
• Employer’s address and payroll department contact, if known.
• Work location, if different from head office.
• Banking details (if seeking bank garnishment):
• Name of the financial institution.
• Branch address, if known.
• Only include account details if the form asks and you have them lawfully. Many forms do not require account numbers.
• Property details (if seeking a writ against land or personal property):
• Known property addresses or legal descriptions.
• Vehicle details, if relevant to seizure (make, model, plate number), if known.

Practical example:

If your debtor is “7890123 Ontario Inc. operating as Quick Clean,” list “7890123 Ontario Inc.” as the debtor. Then add “operating as Quick Clean” as an alias. Include the corporation number, if you have it. Provide the registered office address and the store location.

4) Link your identification to the judgment

• Confirm that the debtor you list matches the name on your judgment.
• If there is a discrepancy, explain it in the space provided. Use a brief note like “Debtor now known as Jane Ann Smith (formerly Jane A. Doe).”
• If a trade name appears in the judgment, identify the legal owner behind that trade name.

5) State the enforcement step you intend to take

Some versions of this form include a checkbox or statement about your enforcement step. If the form asks:

• Tick “Garnishment” if you will file a Notice of Garnishment.
• Tick “Writ of Seizure and Sale” if you will file a writ.
• Tick “Examination” if you will schedule an examination in aid of execution.
• If more than one applies, select all that apply or note your plan.

6) Add supporting details for the specific enforcement step

• For garnishment of wages:
• Provide the employer’s correct legal name and address. Avoid nicknames for the employer.
• If the employer uses a payroll service, list the employer, not the payroll vendor, unless the form asks otherwise.
• For garnishment of a bank account:
• List the bank’s legal name and the specific branch address, if known. This improves matching.
• For writs:
• Provide addresses or legal descriptions of the debtor’s property, if you know them.
• If you know of vehicles or equipment, describe them.

7) Attach schedules if you run out of space

If the form does not have enough room, use attached schedules. Label them clearly:

• Schedule A: Additional Debtor Identifiers (more names, addresses, former names).
• Schedule B: Garnishees (employers, banks, or other garnishees).
• Schedule C: Property Details (addresses, descriptions).

Number each schedule page. Refer to the schedule in the main form (e.g., “See Schedule A”).

8) Review privacy and necessity

• Include only what the form asks for. Do not include a Social Insurance Number unless the form requires it.
• If you include a date of birth, ensure it is accurate. If you are not certain, leave it blank.
• If you include contact information, ensure it was obtained through your dealings or lawful means.

9) Sign and date the form

• Sign where indicated. Print your name. State your role (creditor, representative).
• Date the form. Use the day-month-year format used by the court.
• If the form contains a declaration of truth, read it carefully before signing.

10) File and serve as required

• File the Form 20K with the Small Claims Court clerk. Attach it to your enforcement request, as required.
• Pay the filing fee for the enforcement step. The Form 20K itself may not have a fee, but the related enforcement step does.
• Serve copies if the rules require service for your specific enforcement step. For example, a Notice of Garnishment has service rules. Follow those rules exactly.

11) Keep records

• Keep a copy of the completed Form 20K and all schedules.
• Keep proof of filing and service for your enforcement step.
• If anything changes (name, address, employer), file an updated form with your next enforcement step or as directed by the clerk.

12) Common pitfalls and how to avoid them

• Using a trade name as the legal name. Always identify the legal owner behind a business name.
• Missing middle names or using only initials when full names are available. Full names reduce mismatches.
• Listing an old employer for wage garnishment. Always verify the current employer before filing.
• Omitting a former name used in the judgment. Include all names tied to your judgment.
• Mixing up the garnishee and debtor. The garnishee is the third party who owes money to the debtor (employer or bank). The debtor is the person who owes you.

13) Special considerations for different party types

• Individuals: Use full legal name and any known former names. Include date of birth only if the form asks and you are sure. Include current and recent addresses.
• Corporations: Use the exact name and include the corporate number and jurisdiction, if known. Add trade names as aliases. Use the registered office address and any business location tied to the debt.
• Partnerships: List all partners if the judgment names them. Include the partnership name and addresses.
• Sole proprietors: Include the owner’s legal name and the trade name. Make clear that the trade name is not a separate legal entity.

14) If you discover identity issues after filing

• Act quickly. If you learn of a name change or error, correct it before the court issues your enforcement document.
• File an amended Form 20K with your next step. If the court has already issued a document, ask the clerk how to correct the record.
• If you need to vary or amend the judgment name, seek directions from the court. You may need a motion if the change is substantive.

15) Practical examples to guide your entries

Example 1: Wage garnishment

• Debtor: “Michael Andrew Chen.” Include former name “Mike A. Chen” if used in the claim.
• Employer: “Northern Goods Ltd.” Head office address and payroll contact.
• Debtor address: Current home address and last known address.

Example 2: Bank garnishment

• Debtor: “Sofia L. Patel.” Include married name “Sofia L. Patel-Singh” if relevant.
• Garnishee: “Bank of XYZ,” Branch at 123 Main Street, Toronto.
• Debtor address: Current address.

Example 3: Writ against land

• Debtor: “4567890 Ontario Inc.”
• Property: 12 River Road, Ottawa, known property of the debtor.
• Corporate details: Corporation number 4567890. Trade name “River Café.”

By following these steps, you give the court what it needs to act. You reduce the risk of rejection or delay. You protect yourself from challenges based on identity. You also help the sheriff enforce your judgment against the right person or business.

If you are unsure about an entry, check your judgment and court file. Match your entries to what the court has on record. If the form instructions differ from the guidance above, follow the form instructions. Your goal is clear, accurate identification. That is what moves enforcement forward in Small Claims Court.

Legal Terms You Might Encounter

Judgment: A judgment is the court’s decision that one party owes money. The Identification Form supports enforcing that judgment. It helps match the right person or business to the judgment so you do not pursue the wrong party.

Creditor: A creditor is the party owed money under the judgment. You complete the Identification Form as the creditor or the creditor’s representative. Your correct contact details let the court reach you about enforcement steps.

Debtor: A debtor is the party who owes money under the judgment. You record the debtor’s correct legal name, any known aliases, and current address on the form. Clear debtor details reduce delays during enforcement.

Alias: An alias is another name a person uses or has used. List nicknames, maiden names, or spelling variations on the form. This helps locate records and avoid misidentification.

Garnishee: A garnishee is a third party that may hold or owe money to the debtor, like an employer or bank. The form may capture contact details for a potential garnishee if you have them. This can support later garnishment steps.

Service: Service means delivering documents to a party in a legally accepted way. Accurate identification information on this form helps ensure proper service of future enforcement documents. It also helps the court confirm that the right person received notice.

Affidavit: An affidavit is a sworn or affirmed statement of facts. If the Identification Form includes a declaration or affidavit section, you must tell the truth. False statements can lead to penalties and harm your case.

Commissioner for Taking Affidavits: A commissioner is authorized to administer oaths or affirmations. If the form requires a sworn or affirmed signature, you may need a commissioner or other authorized person to witness it. Plan ahead to avoid delays.

File Number: The file number is the unique number assigned to your court case. You must match the file number on the Identification Form to your case. A wrong number can send your document to the wrong file.

Enforcement: Enforcement is the process of collecting on a judgment. The Identification Form feeds accurate party details into enforcement tools like garnishment or examination. Good data helps the court and sheriff act faster and with fewer errors.

FAQs

Do you need to complete the Identification Form for every enforcement step?

Yes, you usually complete it when starting enforcement after a judgment. The form collects core identification details the court uses across multiple steps. It reduces back-and-forth and prevents misfiled documents.

Do you need the debtor’s date of birth to submit the form?

No, but include it if you have it. If you do not know it, leave that field blank or mark “unknown” if allowed. Add other specific identifiers, like full legal name, former names, or last known addresses.

Do you complete the form differently if the debtor is a business?

Yes. Use the exact legal name of the business. Include the type (corporation, partnership, or sole proprietorship) if the form asks. If you know a registration or numbered name, add it to reduce confusion with similar businesses.

Do you have to swear or affirm the form?

Check the signature section. If the form contains a declaration or affidavit, you swear or affirm that the information is true. If you are unsure, prepare to show identification and sign before an authorized person.

Do you need to file the form even if you are only updating an address?

Yes, if the court uses this form for updates. Use it to correct or add information. The court relies on the most current Identification Form to reach the parties and process enforcement.

Do you need proof for the information you provide?

Keep proof if you have it, such as a driver’s license copy, a business registration, or correspondence showing an address. You may not submit the proof with the form unless requested. Retain it in case the court asks you to verify.

Do you file the form online or in person?

You can usually file online or in person. If you attach it to another enforcement document, follow that document’s filing method. Confirm any format rules, like PDF or original signatures.

Do you pay a fee to file the Identification Form?

A separate fee may not apply if the form is filed with another enforcement request that has a fee. If you file it on its own, ask the clerk whether a fee applies. Have payment ready to avoid return or delay.

Checklist: Before, During, and After

Before signing

• Your Small Claims Court file number.
• A copy of the judgment or order.
• Legal names of all parties as they appear on the claim and judgment.
• Debtor details: full name, aliases, date of birth (if known), and current or last known address.
• Business details if the debtor is a business: legal name, operating name, and any registration or numbered company name.
• Contact details for the creditor and any representative.
• Any potential garnishee information you know: employer name, payroll address, or bank branch.
• Documents that support identification: photo ID, utility bills, business filings, or prior correspondence.
• A reliable phone number and email for you or your representative.
• Access to a commissioner or authorized witness if an affidavit is required.

During signing

• Confirm the file number matches your court file.
• Verify every name spelling, including middle names and initials.
• List all known aliases and former names for the debtor.
• Check the address formatting, including unit numbers and postal codes.
• Separate information by party type: individual versus business.
• Complete any declaration or affidavit fields as instructed.
• Sign and date where indicated.
• If a witness is required, sign in their presence and have them complete their section.
• Review any checkbox declarations for accuracy before initialing.
• Ensure phone numbers and emails are current and monitored.

After signing

• Make a clean, readable copy for your records.
• File the form with the court using the accepted method.
• If attached to another enforcement document, submit them together.
• Note any fees and keep the receipt.
• Record the date and method of filing in your case log.
• If service on another party is required, arrange it and keep proof.
• Confirm the court has associated the form with the correct file.
• Set a reminder to follow up on the related enforcement step.
• Update the court promptly if you discover new identification details.
• Store all documents securely, including proof supporting identification.

Common Mistakes to Avoid

Using nicknames instead of legal names.

Avoid short forms like “Mike” or “Liz” unless the form asks for aliases. Using nicknames can cause misidentification and delay enforcement.

Mixing business and personal details.

Do not combine an owner’s personal details with a corporation’s legal name unless the judgment is against both. Mixing data can lead to rejected filings or enforcement against the wrong entity.

Leaving fields blank that you can complete.

Do not skip addresses or contact information you have. Missing data can stall enforcement or lead to returned documents. Don’t forget to include unit numbers.

Entering the wrong court file number.

A single digit off can misroute your form to another case. This mistake can delay your enforcement. Don’t forget to cross-check the number against your judgment.

Forgetting to sign or have a required witness.

Unsigned or unwitnessed forms may be refused. That can push deadlines and increase costs. Don’t forget to bring ID if you must swear or affirm.

 What to Do After Filling Out the Form

File the form with the court.

Submit the completed Identification Form through the approved filing method. If you attach it to an enforcement document, file them at the same time. Keep your receipt or confirmation.

Confirm it is linked to your case.

Call or check your filing confirmation to ensure the form is associated with your file number. Ask the clerk to correct any misfile if needed.

Proceed with your enforcement step.

Use the updated identification details to support the next action, such as garnishment or examination. Matching details improve the chance of quick processing.

Serve required parties if needed.

If a rule or order requires service of the identification details with another document, arrange service and keep proof. Follow any timelines that apply to the related enforcement.

Monitor for court messages.

Watch for emails or letters requesting clarification or corrections. Respond quickly to avoid delays. Update your contact information if it changes.

Amend if you find better information.

If you learn a new address, alias, or employer, submit an updated form. Accurate information helps locate assets and supports effective enforcement.

Keep a tidy record set.

Store the filed form, proof of filing, and any related correspondence in one place. Note dates, names of clerks or agents, and next steps. Good records help you track progress and costs.

Coordinate with other documents.

Ensure names and numbers match across all enforcement documents. Consistency builds trust in your file and reduces questions from court staff.

Set follow-up reminders.

Mark key dates, such as expected processing times for the related enforcement. If you hear nothing by your reminder date, contact the clerk with your file number and filing details.

Revisit strategy if no progress occurs.

If enforcement stalls despite accurate identification, consider other lawful options available in Small Claims Court. Updated identification information may open a more effective route later.