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Ontario|Small Claims CourtGarnishment 566 What is garnishment? If you won a lawsuit and you have a judgment that says you are owed money, and the debtor refuses to pay, a common way to collect is by garnishment. Garnishment orders are issued by the court. Garnishment allows the creditor to collect money directly from someone who owes the debtor money such as an employer who owes the debtor wages. This person or business is called the garnishee.
To apply for garnishment, you will need to do four things: obtain a Certificate of Judgment, fill out a Notice of Garnishment, swear an Affidavit, and then deliver the Notice of Garnishment to the debtor and the garnishee.
To get a Certificate of Judgment, you will need to fill out a Certificate of Judgment form. Fill in all the information requested on the form, including the date of the judgment, the amount of the judgment, the amount of pre-judgment and post-judgment interest, and the amount of costs. There is a fee for obtaining a Certificate of Judgment.
The Affidavit for Garnishment is also available at the court office. In the affidavit, you must state the name and number of the case, the date that the judgment was made, the court where the judgment was made, how much is owed to you and if any of it has been paid. You will also need to state the name and address of the garnishee, and explain why you think the garnishee owes the debtor money. Once you fill in the affidavit, you will have to swear that it is true in front of a commissioner of oaths. A lawyer or a staff member at the court office can do this for you.
When you submit your Certificate of Judgment, Affidavit and Notice of Garnishment to the court office, you will be required to pay a $50 fee. The staff at the court office will put the court seal on the Notice of Garnishment for you to deliver to the debtor and the garnishee. The Notice of Garnishment will instruct the garnishee to pay the court office. Once the court office receives payment, you will have to request that they pay you.
A Notice of Garnishment is good for 24 months. If you will not be able to collect all the money within that time, you will have to request another Notice of Garnishment before the first one expires. Depending on the amount of money you are owed, you may want to pay a private collection company to handle the garnishment for you. If you are unsure about how to garnish, the staff at the court office may provide you with information. For legal advice, contact a lawyer.
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