To enforce a Small Claims Court judgment using a garnishment in London, Ontario, you must file a Notice of Garnishment with the court at 80 Dundas Street. The mandatory court filing fee is currently $144 CAD, and this legal tool allows you to legally intercept up to 20% of the debtor’s net wages or freeze the funds held in their local bank account.
Winning your civil trial feels like a massive victory, but receiving a judge’s order is only half the battle. The Superior Court of Justice does not automatically collect the money on your behalf. If the losing party (the debtor) ignores the judgment and refuses to write a cheque, you must take active, strategic legal steps to seize their assets. Fortunately, Ontario law provides powerful tools for creditors, and one of the most effective methods for debt recovery is a garnishment.
A garnishment is a legal procedure that allows you to take money directly from a third party who owes money to the debtor. Most commonly, this means forcing the debtor’s employer to divert a portion of their paycheque to the court, or forcing their bank to empty their chequing account. Navigating this process in London requires precise paperwork, strict adherence to timelines, and a clear understanding of what income is legally protected from seizure.
Step-by-Step Garnishment Process in London, Ontario
Enforcing a judgment involves strict administrative steps. You cannot simply call a bank and demand money; you must obtain the proper legal authorization from the Small Claims Court clerk.
Step 1: Gathering the Debtor’s Financial Information
Before you can garnish anything, you must know where the debtor works or where they bank. 🔍 If you do not have this information, you can request an Examination Hearing. This forces the debtor to come to the London courthouse and answer questions under oath about their employment, bank accounts, and assets. You will use this critical information to target your garnishment.
Step 2: Filing the Affidavit and Notice of Garnishment
Once you know where the funds are, you must fill out an Affidavit for Enforcement Request and a Notice of Garnishment form. In these documents, you swear under oath how much is still owed, including any accumulated post-judgment interest. You will file these forms at the court counter on Dundas Street, pay the filing fee, and the clerk will officially issue the Notice.
Step 3: Serving the Garnishee and the Debtor
Timing is absolutely critical in this step. 📬 You must first serve the Notice of Garnishment on the “garnishee” (the bank or the employer). Within five days of serving the garnishee, you must then serve a copy on the debtor. Many creditors in Middlesex County hire a professional process server to handle this, ensuring the documents are delivered according to the strict rules of the court.
Step 4: Receiving the Funds from the Court
The garnishee does not send the money directly to you. The bank or employer is legally required to send the intercepted funds to the Small Claims Court. The court will hold the money in trust for 30 days to ensure no other creditors have a claim to it, and to give the debtor a chance to dispute the garnishment. After the 30-day waiting period, the court clerk will mail a cheque directly to you.
How Much Does it Cost to Garnish Someone in London?
Enforcing a judgment requires spending a little more money upfront. However, these enforcement costs are usually added to the total debt the losing party owes you.
| Enforcement Step | Estimated Cost (CAD) | Details |
|---|---|---|
| Filing Notice of Garnishment | $144 | The mandatory government fee to issue the garnishment paperwork. |
| Examination Hearing Fee | $73 | Court fee to force the debtor to answer financial questions under oath. |
| Process Server Fees | $75 – $150 | Cost to officially serve the bank, the employer, and the debtor in London. |
| Garnishment Renewal Fee | $144 | Required if you need to renew an expired garnishment after six years. |
How Long Does the Process Take?
From the moment you file the paperwork, it generally takes 4 to 8 weeks before you receive your first cheque from the court. ⏳ If you are garnishing wages, the employer must start deducting money within 10 days of being served, but the court’s mandatory 30-day hold period means patience is required. A wage garnishment stays in effect until the entire debt is fully paid or the person changes jobs.
Frequently Asked Questions (FAQ)
How much of someone’s wages can I garnish?
Under the Ontario Wages Act, you can legally garnish a maximum of 20% of the debtor’s net (after-tax) wages. The employer calculates this and sends the exact percentage to the court.
Can I garnish a joint bank account?
Yes, but generally, you can only seize 50% of the funds in a joint account, as the law presumes the other half belongs to the co-owner who is not involved in your lawsuit.
Are any types of income protected from garnishment?
Yes. You cannot garnish social assistance payments like Ontario Works (OW), the Ontario Disability Support Program (ODSP), Employment Insurance (EI), or standard Canada Pension Plan (CPP) benefits.
What happens if the debtor quits their job?
If the debtor leaves the company, the garnishment at that specific employer immediately ends. You will need to locate their new place of employment and pay to file and serve a brand-new Notice of Garnishment.
What if the bank or employer ignores the garnishment?
If a garnishee (like an employer) ignores a valid court order, you can schedule a Garnishee Hearing. A judge can actually order the employer or bank to pay the debt out of their own pocket for failing to comply with the legal notice.
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