4. Understand what happens after the Notice of Garnishment is issued

How can I apply to have money taken from the debtor's bank account or income to pay back what they owe me?
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4. Understand what happens after the Notice of Garnishment is issued

After a garnishment order has been issued, the garnishees pay the money to the court. The court keeps the money in trust for the creditor.

To start to receive the money, you must give the court clerk proof that you served the Notice of Garnishment on the debtor, garnishees, and co-owners. You can do this by filing your Affidavits of Service with the court.

The court will hold your first garnishment payment for 30 days. After that, they will send you a cheque. The second and future payments will not be held. They will be sent to you immediately.

If more than 1 creditor has a garnishment order against the debtor, the money will be divided evenly between the creditors who have not yet been paid in full.

Situations that could affect payment

Your payments could be affected if someone:

  • asks for a garnishment hearing
  • appeals the original judgement
  • files a Notice of Motion related to the debt (for example, they could ask for a new trial)
  • files a Sheriff’s Demand for the funds with the court
  • gets a court order that delays payment
  • files a written Notice of Stay of Proceedings for Bankruptcy

At a garnishment hearing, a judge considers garnishment issues. Anyone interested in the debt can ask for a garnishment hearing. This includes the debtor, creditor, co-owner of the debt, and garnishees.

You May Also Need

Ontario Ministry of the Attorney General
Ministry of the Attorney General
Reviewed: February 23, 2017

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