Pursuant to Rule 20.08(1), In the case where a judgement has been made for the payment of money, and it has not been paid, the Judgement Creditor (Garnishor) can obtain a Notice of Garnishment (Form 20E), which is a court enforced remedy whereby a garnishee third party who owes money to the Debtor, pays the Creditor(s) via the court clerk instead of the Debtor, up to the amount of the judgement.

Procedure

  • Complete Affidavit for Enforcement Request (Form 20P), filling out details about proposed garnishee.

Prepare Notice of Garnishment (Form 20E) for the clerk to issue.

  • If either party is outside territorial jurisdiction, prepare Certificate of Judgement (Form 20A)

Pay the $144 filing fee.

  • Serve Debtor and Garnishee either personally or by mail or courier. Serve the garnishee first, before the Debtor, with Notice of Garnishment Form 20E and garnishee statement (Form 20F). You must also serve the Debtor within 5 days of the Notice of Garnishment being served on the garnishee, must serve notice and also Affidavit for Enforcement Request (Form 20P).

Requirements

  • Money must be owing to Debtor from Garnishee when notice is served, or a payment relationship must exist for future payments (e.g. wages from employer, rental payments from Debtor’s tenant, inheritance, etc).
  • Garnishment is valid for 6 years and is renewable at the end of 6 years, for further 6-year periods until judgement has been paid in full.
  • There are some exceptions and restrictions under the Wages Act on what you can garnish (e.g. you can only garnish 20% of wages, as 80% of net wages are exempt from

garnishment or seizure.

  • If the source of the garnishment is jointly owned by the Debtor and another person (e.g. joint bank account), then 50% share available, subject to proof to contrary of other ownership share. The garnishment will have to indicate on the Statement that there is a co-owner and then the Creditor must notify the co-owner of the garnishment.

Common Sources for Garnishment

  • 20% of net wages, or 50% if a support order for spousal or child support
  • Money in bank account, including up to 50% of joint account
  • Investments and investment income
  • Rental income paid to Debtor by their tenant
  • Debtor’s business accounts receivable
  • Payments made to Debtor out of an estate

Money Not Subject to Garnishment

  • Provincial welfare
  • Most pension plans
  • WSIB insurance payments
  • Old Age Security
  • CPP/QPP
  • 80% of net wages

Garnishment of Banks

Rules require serving to the branch where the account is located, not the head office of the bank. (Rule 20.08(6.2)), prepare the Affidavit of Service (Form 8A). If it is a joint bank account, the garnishee bank has to specify this on the Garnishee statement so that the Creditor can serve Form 20G Notice to Co-Owner on the other owner of that account.

Methods of Enforcement
Determining Debtor’s Assets
To Top