3. Consider garnishment
Using garnishment, you could get money from:
- the employer's bank account
- payments the employer gets, like rent cheques from a tenant
- that the employer earns, if they work for someone else
The money that's garnished gets paid to the court. Then the court pays you.
Deciding whether to use garnishment
Getting money garnished is not an easy process. There are a lot of court rules that you have to follow and a lot of steps you need to take. It's best to think about whether you can get enough money from the employer to make it worth your time and effort.
Using the garnishment process
You need to fill out an Affidavit for Enforcement Request [Form 20P] and a Notice of Garnishment [Form 20E].
You have to pay a fee when you the Notice of Garnishment with the court. When you give forms and documents to the court, this is called “filing”.
The court staff sign the Notice of Garnishment and give you back a copy.
Serving the documents
You then have to the Notice of Garnishment and a blank Garnishee’s Statement [Form 20F] on the person who will have to pay you. For example, this might be the bank where the employer has an account.
“Serving” forms and documents means that you give them to someone following the rules of Small Claims Court. Before you serve the documents, look at the Guide to Serving Documents to make sure that you follow all of the rules.
Then, within 5 days, you have to serve a copy of the Affidavit for Enforcement Request and the Notice of Garnishment on the employer.
Finally, you fill out and file Affidavits of Service [Form 8A] with the court. The money that's been garnished should then be paid to the court.
