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Ontario|Small Claims CourtDebtor's Rights 573 Changing a garnishment order If you were sued and lost, or did not go to the trial, a Judge probably ordered you to pay the plaintiff money. This person now becomes a creditor, and you are the debtor. Through garnishment, the creditor is allowed to collect up to 20% of your wages until the debt is paid off. The creditor can collect money directly from your employer, who will deduct the amount from your pay cheques. However, your employer is not allowed to fire or suspend you because of the garnishment.
Depending on how much you earn and how much you owe, it may take a long time for the debt to be paid off by garnishing your wages. However, the creditor may agree to accept a lower amount in a lump sum in exchange for ending the garnishment. If the creditor agrees, then you should ask for it to be put in writing for both of you to sign so that you are protected from the creditor claiming that the debt is still owing even after you have paid. You should also ask the creditor to give your employer a Notice to Terminate Garnishment, which is a form that tells the employer to stop deducting the payment from your pay cheques. Without a Notice to Terminate Garnishment, the employer is not allowed by law to stop garnishing your wages.
If your wages are being garnished mistakenly, you can contact the court office. For legal advice and assistance, contact a lawyer.
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