Winning your case at the Brampton Small Claims Court does not guarantee automatic payment. To force the debtor to pay, you must apply for a Notice of Garnishment, which allows you to legally seize up to 20% of their net wages directly from their employer or freeze their bank account.
Successfully navigating a trial and receiving a judgment in your favour feels like a massive victory. However, many successful plaintiffs in Brampton quickly realize that the court does not automatically collect the money on their behalf. If the losing party (the debtor) ignores the judge’s order and refuses to pay, the burden falls on you to enforce the judgment.
Garnishment is one of the most effective ways to collect what you are owed. 📍 By obtaining a specific court order, you can intercept money before it even reaches the debtor’s hands. This process requires dealing with the enforcement office at the A. Grenville and William Davis Courthouse. While the paperwork can seem daunting, following the correct legal steps ensures you can finally recover your funds.
Step-by-Step Process in Brampton
Garnishing wages or a bank account involves a strict sequence of legal filings. The court must ensure that the debtor’s employer or bank is properly instructed on how to redirect the funds to the Small Claims Court.
Step 1: Wait for the Payment Deadline to Pass
After the judge issues their decision, the debtor usually has a set timeframe (often 30 days) to voluntarily pay the judgment. You cannot start enforcement actions before this deadline expires. If the debtor misses the deadline, you can proceed to request a Certificate of Judgment from the court clerk.
Step 2: Locate the Debtor’s Assets
Before you can garnish anything, you need to know exactly where the debtor works or where they bank. 🔍 If you paid them by cheque in the past, a copy of the cancelled cheque might reveal their bank branch. If you do not know their financial details, you can request an Examination Hearing, forcing the debtor to answer questions about their finances under oath.
Step 3: File an Affidavit for Enforcement Request
Once you have the employer’s or bank’s details, you must swear an Affidavit for Enforcement Request. In this legal document, you must state the total amount still owing (including any post-judgment interest) and provide the correct legal name and address of the “Garnishee” (the employer or the bank). This form is filed at the Brampton Small Claims Court counter.
Step 4: Serve the Notice of Garnishment
The court clerk will issue a formal Notice of Garnishment. You must legally serve this notice, along with a sworn affidavit, on the Garnishee first, and then serve a copy on the debtor within five days. 📩 The employer or bank is then legally obligated to deduct the funds and send them directly to the court, which will subsequently distribute the money to you.
How Much Does it Cost in Brampton?
Enforcing a judgment involves several out-of-pocket expenses. Fortunately, most of these enforcement costs can be added to the total debt the losing party owes you.
- Filing the Notice of Garnishment: The Brampton Small Claims Court charges a filing fee of approximately $144 CAD to issue the notice.
- Swearing the Affidavit: If you use a private commissioner of oaths or a lawyer, expect to pay around $30 to $50 CAD. The court clerk can also commission it for a small fee.
- Process Server Fees: Hiring a professional to properly serve the documents on the bank or employer typically costs between $100 and $200 CAD.
- Legal Representation: Hiring a paralegal or law firm to handle the enforcement process usually starts at $500 CAD and goes up depending on the complexity.
Comparing Garnishment Targets
| Target Type | What You Can Seize | Pros & Cons |
|---|---|---|
| Employer (Wages) | Maximum 20% of net wages per pay period. | Pro: Steady stream of income. Con: Takes a long time to pay off large debts. |
| Bank Account | 100% of funds in the account up to the debt total. | Pro: Instant lump-sum recovery. Con: Account might be empty when served. |
| Joint Bank Account | Usually 50% of the available funds. | Pro: Access to shared funds. Con: Complicated if the co-owner disputes the seizure. |
How Long Does the Process Take?
Patience is essential when enforcing a debt. Once the Notice of Garnishment is served on an employer, they must start deducting money on the next pay cycle. The employer sends the money to the Brampton court, which holds it in trust for 30 days before issuing a cheque to you. Overall, seeing your first payment can take 6 to 8 weeks from the day you file the paperwork.
Frequently Asked Questions (FAQ)
Can I garnish 100% of the debtor’s salary?
No. Under the Ontario Wages Act, the maximum amount you can garnish is generally 20% of the debtor’s net (take-home) pay. This rule exists to ensure the debtor still has enough money to pay for basic living expenses.
What happens if the debtor quits their job?
If the debtor resigns or is fired, the garnishment stops because there are no wages left to seize. You would then need to locate their new employer and file a brand-new Notice of Garnishment with the court.
Can I garnish social assistance or pension payments?
Generally, no. Funds originating from Ontario Works (OW), the Ontario Disability Support Program (ODSP), Employment Insurance (EI), and most government pensions are legally protected and exempt from garnishment.
What if the bank refuses to send the money?
A Notice of Garnishment is a strict court order. If a bank or an employer ignores the notice and pays the debtor instead, they can be held legally and financially responsible for paying the debt out of their own pocket.
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