To garnish a debtor’s wages in Calgary, you must first obtain a court judgment. You then file a Garnishee Summons at the court for $0 CAD (though you must pay a $25 CAD processing fee to the employer) and serve it on the debtor’s employer, legally forcing them to redirect a non-exempt portion of the debtor’s paycheque to you.
Winning a civil trial and getting a judgment order from a judge feels like a huge victory, but it is only half the battle. 🏆 In Alberta, the court does not automatically collect the money for you. If the losing party refuses to pay, you must take proactive steps under the Civil Enforcement Act to forcibly collect the debt. One of the most effective ways to do this is by garnishing their employment income.
Garnishing wages involves obtaining a specific court document-a Garnishee Summons-and delivering it to the debtor’s employer. 💼 Once served, the employer is legally obligated to withhold a portion of the employee’s net income and send it directly to the court, which then forwards the funds to you. However, Alberta law protects a minimum portion of the debtor’s income so they can still afford basic living expenses.
Step-by-Step Process in Calgary, Alberta
Before you can touch a debtor’s paycheque, you must have an official judgment or certificate of judgment recognized by an Alberta court. 📍 If your original judgment is from the Alberta Court of Justice or the Court of King’s Bench at the Calgary Courts Centre, you can proceed directly to the garnishment steps.
Step 1: Obtain Your Judgment Order
You cannot garnish wages simply because someone owes you money; you must first sue them and win. Ensure you have your filed Judgment or Certificate of Judgment. 📄 You will also need to know the exact legal name and physical address of the debtor’s employer in order to draft the necessary enforcement documents.
Step 2: Swear an Affidavit and Draft the Summons
Next, you must prepare an Affidavit in Support of a Garnishee Summons. ✍ In this sworn document, you state under oath that the debtor still owes you money, the exact amount remaining, and that you believe a specific employer currently employs the debtor. You will also prepare the actual Garnishee Summons form to submit alongside the affidavit.
Step 3: File and Serve the Documents
Take your documents to the court clerk at the Calgary Courts Centre to be filed and issued. 🏢 Once the clerk issues the Garnishee Summons, you must serve it on the employer (the “garnishee”). You must also serve a copy on the debtor so they are aware their wages are being seized. Once the employer receives the summons, they must calculate the legal exemptions and remit the remaining funds to the court.
How Much Does it Cost in Calgary?
Enforcing a judgment requires some upfront administrative costs, though these can often be added to the total debt owed. 💰 Here is a look at the standard costs in CAD as of May 2026:
- Court Filing Fee: Alberta courts do not charge a fee ($0 CAD) to issue a Garnishee Summons.
- Employer Compensation Fee: You must pay a mandatory processing fee of $25 CAD directly to the employer when serving the summons.
- Process Server Fees: Serving the employer and the debtor professionally usually costs $75 to $150 CAD per person in the Calgary region.
- Lawyer Fees: If you hire a civil litigation or collections lawyer to handle the garnishment, they may charge hourly rates of $250 to $500 CAD or work on a percentage basis.
| Court Issuance Fee | Filing the Garnishee Summons | $0 CAD |
| Employer Compensation Fee | Processing fee paid to the employer | $25 CAD |
| Process Server | Legal delivery of the summons | $75 – $150 CAD |
How Long Does the Process Take?
Once you serve the employer, it typically takes 2 to 4 weeks to see the first payment, depending on the employee’s payroll schedule (e.g., bi-weekly or monthly). ⏱ In Alberta, a standard Garnishee Summons for employment wages is valid for exactly two years from the date it is issued. If the debt is not fully paid off within those two years, you will need to apply for a renewal to continue garnishing their wages.
Frequently Asked Questions (FAQ)
Can I take 100% of the debtor’s paycheque?
No. Under the Alberta Civil Enforcement Act, a debtor is entitled to a minimum living exemption (currently around $800 plus a portion of the remaining net pay, depending on their number of dependants). The employer will calculate this and only send the non-exempt portion to the court.
What happens if the debtor quits their job?
If the debtor leaves their employer, the garnishment stops because there are no longer any wages to seize. You will have to locate their new employer and serve a new Garnishee Summons there.
Can I garnish a bank account instead of wages?
Yes, you can issue a Garnishee Summons against the debtor’s bank or credit union. If successful, the bank must freeze and remit the funds held in the account up to the amount of your judgment, though joint accounts can complicate this process.
Do I need to hire a Civil Enforcement Agency?
You do not typically need a Civil Enforcement Agency just to serve a Garnishee Summons (a regular process server or even registered mail in some cases is fine). However, you will need an agency if you want to seize physical property, like a vehicle.
Leave a Reply