Motion to vary payment or garnishment terms (debtor)
Representing a debtor asking the court to reduce payments or a garnishment.
What is included
- Reviewing the judgment, garnishment, writ or notice you received
- Explaining what can and cannot be taken, including exemptions under Ontario law
- Negotiating a payment plan with the creditor
- Preparing a motion to change payment or garnishment terms, or for a consolidation order, where it fits
- Representing you at the 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
- People whose wages or bank account are being garnished
- Debtors served with a notice of examination or a writ
- Anyone with more than one unpaid judgment against them
Information to have ready
- 1Every notice, garnishment or court document you received
- 2Proof of your income, such as pay stubs or benefit statements
- 3Your monthly expenses and other debts
- 4Any payments you have already made
Frequently asked questions
How much does it cost?
The fee is $450 plus 13% HST ($508.50 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.
Can all of my wages be garnished?
No. Ontario law usually limits wage garnishment to a portion of net wages, and the court may lower the amount in cases of hardship.
What is a consolidation order?
If you have two or more unpaid Small Claims judgments, a consolidation order may let you pay into court in set instalments instead of facing separate garnishments.
Will dealing with the creditor stop the enforcement?
Not on its own. Enforcement usually continues until the creditor agrees in writing or the court changes the terms, so it helps to act early.
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.
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