EnforcementFixed feeGarnishment

Bank garnishment

Bank garnishment. Judgment enforcement through garnishment, writs, and debtor examinations.

Payments usually follow the debtor's pay schedule once the garnishee is served, and the court office then pays the money out under its own process. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Confirming the debtor's employer, bank or other garnishee
  • Preparing the affidavit and notice of garnishment and filing them with the court
  • Serving the garnishee and the debtor
  • Following up on payments into court and renewing the garnishment before it expires
  • Representing you at a garnishment hearing, where your service includes it

What is not included

  • Court and sheriff fees, searches, service and other disbursements
  • Collecting a debt that is not yet a judgment or order
  • Enforcement in the Superior Court of Justice or outside Ontario, which is referred to a lawyer
  • Bankruptcy or insolvency proceedings

Who this service is for

  • Someone with a Small Claims judgment that has not been paid
  • Landlords, employees and others holding an unpaid tribunal money order
  • Businesses collecting on judgments against customers
  • Debtors facing a garnishment, writ or examination

Information to have ready

  1. 1The judgment and the current balance
  2. 2The debtor's employer, bank branch or anyone else who owes the debtor money
  3. 3Any payments received

Frequently asked questions

How much does it cost?

The fee is $200 plus 13% HST ($226.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.

What happens when I check out?

You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.

How much can be garnished from wages?

Ontario law usually limits garnishment to a portion of the debtor's net wages, and the court can change that amount in some cases.

How do I receive the money?

The garnishee pays into court, and the court office pays the money out to the creditor under its own process.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed; recovery depends on the debtor's income and assets
  • Some income and property is exempt from seizure or garnishment by law
  • You must report any payments you receive so the balance stays accurate
  • Most of this work enforces Small Claims Court judgments and tribunal orders filed there; registering a judgment from outside Ontario in the Superior Court of Justice, or any other step that must be taken in that court, is outside a licensed paralegal's scope, so the firm does only the parts a licensed paralegal is permitted to do and refers the rest to a lawyer.
Law Society of Ontario — Barreau de l'Ontario
Find it on Apple NewsView full feature on Apple News