Garnishment
Wages, a bank account or an invoice someone owes the debtor. The garnishee pays the court clerk.
Small Claims Court — enforcing a judgment
An unpaid Small Claims Court judgment is collected under Rule 20 of the court's rules: garnishment, writs of seizure and sale, and an examination of the debtor. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, acts for creditors at each step.
Rule 20O. Reg. 258/986 yearsto enforce without leaveEN / RUEnglish and Russian
Free assessment
Send the judgment date, the amount and the debtor's employer or bank, if known.
Four tools, four kinds of asset
Rule 20.03 lists them. Each starts with an affidavit for enforcement request, Form 20P.
Seizure of goods
A vehicle, equipment or stock, seized by a bailiff and sold after notice to both sides.
Seizure of land
Property registered in the debtor's name, through the sheriff of the area where the writ is filed.
Examination
For when the assets are unknown: the debtor answers questions under oath before a judge.
The stages before a judgment are on filing a claim and defending a claim.
When nobody knows what the debtor owns
The clerk where the debtor lives or does business issues a notice of examination. The hearing is private, under oath and recorded. Subrule 20.10(4) allows questions on:
- why the judgment has not been paid;
- income, property, and debts owed to and by the debtor;
- property disposed of before or after the judgment;
- the means to pay, and whether the debtor intends to.
An individual debtor brings a financial information form, Form 20I. Someone who skips the examination or refuses to answer can be ordered to a contempt hearing, where rule 20.11 allows up to five days in jail.
What to send for the free assessment
- The judgmentIts date, the amount and the postjudgment interest rate it sets.
- Payments received sinceThe affidavit has to state exactly what is still owing.
- The debtor's employer or bankEach notice of garnishment names one of them.
- Vehicles, equipment or propertyWhat a bailiff or sheriff could reach with a writ.
How garnishment reaches the money
The order of events under rule 20.08.
- 1FilingWhere the debtor lives or does business; one debtor and one garnishee per notice.
- 2ServiceOn the garnishee, a bank at its branch, then on the debtor within five days.
- 3PaymentThe garnishee pays the clerk within 10 days. The Wages Act exempts 80 per cent of net wages.
- 4PayoutThe clerk releases the first payment after 30 days, later ones as they arrive.
Clocks that run on an enforcement file
Each is set by Rule 20 of the Rules of the Small Claims Court, O. Reg. 258/98.
| Step | Time | Rule |
|---|---|---|
| Writs and garnishment without the court's leave | 6 yearsfrom the date of the order | 20.06(1.1), 20.07(1.1), 20.08(2.1) |
| Life of each writ of seizure and sale | 6 yearsfrom issue; renewable with Form 20N | 20.06(2)–(3), 20.07(3)–(4) |
| Garnishee pays or files a dispute | 10 daysafter service on the garnishee | 20.08(7), 20.08(11) |
| Instalment order ends after a missed payment | 15 daysafter a notice of default is served | 20.02(4) |
Who works on the enforcement file
Angelina Shuster is a paralegal licensed by the Law Society of Ontario. By-Law 4 allows her to act in the Small Claims Court, enforcement included.
- Over 25 yearsOn immigration and criminal matters.
- One person on the fileShe prepares the affidavits and attends examination and garnishment hearings.
- English or RussianCalls and meetings in either language.
- Richmond Hill office10211 Yonge Street, Suite 205.
How much of a debtor's wages can be garnished?
Section 7 of the Wages Act exempts 80 per cent of net wages, or 50 per cent for a support order. A judge may change the exemption on a motion.
How long can a Small Claims Court judgment be enforced?
Without leave for six years after the order, and with the court's leave after that. Each writ or garnishment notice lasts six years and can be renewed.
Can enforcement continue while the debtor pays by instalments?
Only a writ of seizure and sale of land may be filed with the sheriff. After a missed payment, the creditor can serve a notice of default, Form 20L.
Can a paralegal enforce a Small Claims Court judgment?
Yes. Garnishment, writs and debtor examinations in the Small Claims Court are within a licensed paralegal's scope under LSO By-Law 4.
This page sets out the Small Claims Court enforcement rules as general information. It is not legal advice, and reading it does not make anyone a client of the firm or of its licensed paralegal.
