Can the court take money from someone’s bank account if I have a court order against them?
Question & AnswerCan the court take money from someone’s bank account if I have a court order against them?
3. Have a Notice of Garnishment issued
To have a Notice of Garnishment issued, complete:
The Notice of Garnishment gives the name and contact information of the . The garnishee can be a bank, employer, or anyone who owes money to the . You must complete a Notice of Garnishment for each garnishee.
The Affidavit for Enforcement Request should include:
- the details of the court order you're enforcing
- the name and address of the person who owes you money
- a record of all payments made so far
- the amount you're still owed
File the documents
File the Notice of Garnishment and Affidavit for Enforcement Request at the court office. Include the if you have one. You must pay a fee to do this.
The court signs your Notice of Garnishment and returns your copy. This is called issuing your Notice of Garnishment. The Notice of Garnishment must be issued within 6 years of the original court order.
Serving the documents
While you're at the court office, pick up copies of the Affidavit of Service. You need a copy for each garnishee and the debtor.
To each garnishee and the debtor, :
You may want to serve the garnishees before the debtor. This helps prevent the debtor from taking the money before you have a chance to enforce the order. If you're garnishing wages, the garnishee is the debtor's employer. If you're garnishing a bank account, the garnishee is the bank. You must serve the debtor within 5 days of serving the garnishees.
When you serve these documents, you must give them to the debtor and garnishees directly. This can be done by you or your lawyer, or by a company you hire to serve the documents. These companies are called process servers. Serving documents this way is called personal service.
Once you've served the documents to the garnishees and debtor, complete and file an Affidavit of Service with the court. You must file an Affidavit for each garnishee and debtor you served.
Co-owners of the debt
The garnishees must tell you if there are co-owners of their debt. They do this with a document called a Garnishee's Statement. This document tells you if other people get part of the money the garnishee is required to pay to the debtor.
If there are co-owners of the debt, you must serve each :