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Ontario|Small Claims CourtGarnishment 567 Types of garnishment Garnishment is an order of the court allowing a creditor to collect money owed directly from someone who owes money to the debtor. The person or business who owes money to the debtor is called the garnishee. Generally there are three different types of garnishment: garnishing wages, garnishing bank accounts, and garnishing rent owed to a landlord.
- Wages
Garnishing wages generally allows a creditor to collect money from the debtor's employer, who will in turn deduct the amount from the employee's wages. Under the law if you garnish someone's wages, you can only collect 20% of each pay cheque. If you have a debtor's wages garnished, their employer will give the money to the court office. Then you will have to request that the court office release the money to you.
- Bank Accounts
Garnishing a bank account generally allows a creditor to collect the money from the bank where the debtor has an account. The bank will give the full amount, or as much as the debtor has in the bank, to the court office. Then, you will have to request that the court office release the money to you.
- Rent
Garnishing rent is only available if the debtor is a landlord. Garnishing rent allows you to collect rent money directly from a tenant who owes rent to the debtor landlord. They will have to pay their rent to the court office until the amount of money owed is paid off. You will then have to request that the court office release the money to you.
If you are unsure about the process of garnishment, the staff at the court office may provide you with information. For legal advice or assistance, contact a lawyer.
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