5 Facts About Wage Garnishment


Category: Personal Bankruptcy (20) comments

Creditors can garnish your wages if you have stopped making payments towards your debt. In most cases they must obtain a wage garnishment order from the court and depending on the province can garnish up to 50% of your wages. If you are facing a a garnishee, read our tip sheet with 5 basic facts you need to know about a wage garnishment in Canada.

If you think bankruptcy can help, contact a bankruptcy trustee or review our other articles about dealing with a garnishment order:

  1. Is bankruptcy the best way to stop a wage garnishment
  2. Can creditors call my employer about my debts?
  3. What to do when CRA freezes your bank account.
  4. Who will know I’ve filed bankruptcy?

stop wage garnishment Canada information

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    1. J. Douglas Hoyes

      Bill: It is more difficult for a creditor to garnishee someone who is self-employed, because technically there is no “employer”. However, if most of your income is from one source, it’s generally not difficult for the creditor to figure out who you “work” for, and get a court order to garnishee your income. It is very easy for CRA to do this if you owe taxes, because they generally know where you are earning your income.

      Reply
  1. Allan L

    I am considering returning to employment with an employer that I left for a better paying job over 2 years ago. At the time I had a garnishment on my wages through that employer. If I am rehired, is the employer obligated to continue with the garnishee or is a new garnishee order required?

    Reply
    1. J. Douglas Hoyes

      Hi Alan. Yes, if the garnishment order is still in effect, and your employer is aware of it, they would likely resume the garnishment once you start working there again. I suggest you talk to the employer and ask them if they still have the paperwork, and whether or not they plan to enforce it.

      Reply
    1. Ted Michalos

      It is not. I am not a lawyer so I can’t give you legal advice, but try a Google search for “wage garnishments New Brunswick” and you’ll find many sites that explain the process. Very breifly, the people you owe money to have the right to apply to the Court for a Judgment and then for the right to garnishee your wages.

      Reply
  2. Nicole

    I have a garnishment with cra and have left that employer. I have started a new job and would like to make arrangements to pay off the remaining balance without the new job getting garnished. How do i do this? Also.. how long will it take before they garnish the new job..so I have time to call them

    Reply
    1. J. Douglas Hoyes

      Hi Nicole. Unless you tell CRA where you are working, it is likely that they won’t find out where you are working until they get a copy of your T4 at the end of the year. To avoid a further garnishment, you have two choices.

      First, you could simply start making payments to CRA. You can set them up as a bill payee through your bank, and send a payment to them every payday if you want, just like you pay any other bill. If they amount you owe them can be paid off over the next few months, that may be the simplest option.

      The second option would be to call CRA and make payment arrangements directly with them (“Hi, I’d like to send you $XXX every month; if I do that, will you agree to not garnish my wages?”) The disadvantage to this strategy is you may have to wait on hold on the phone for an hour to talk to a human being, and there is also the chance that CRA will say “tell us where you work so we can notify your new employer of the garnishment”, so the best strategy will depend on whether or not you can get them paid off before they find out where you are now working.

      Reply
    1. Ted Michalos

      First, a creditor needs to obtain a Judgment against you from Court. Then they need to apply for a Writ of Execution and/or Seizure. That will allow them to garnishee your wages. In Ontario if a debt is under $25,000 you may be sued in Small Claims Court. A person goes to the Court House, pays a fee and starts an action. You will have 21 days to respond. If you don’t they may apply to the Court for a Default Judgment and then apply for the Writ. So with Small Claims your wages could be garnisheed in 4 to 6 weeks after they start the process. For debts over $25,000 you need to be sued in Superior Court. The process is generally longer. Once you are served with the lawsuit you will have 22 days to respond. If you fail to respond then they may apply for a Default Judgment and then a Writ which will allow them to garnishee your wages. Again, if you do nothing, then 4 to 6 weeks from being served. If you defend it may be stretched out to months, depending on how busy the Courts are…

      You should search specifically about wage garnishee’s – not really our area of expertise. We can stop them when a person files a consumer proposal or bankruptcy, but we aren’t lawyers so that is really who you should be speaking to before the fact.

      Reply
  3. Joe

    Living in NL. I lost a small claims case of less than $2000 to a small privately owned contracting company. I have yet to pay my debt and quite honestly, I’m fine with making it difficult to collect.
    How would the other party go about garnishing my wages? Timeline? Percentages?

    Reply
    1. J. Douglas Hoyes

      To garnishee your wages they would obtain a garnishment order from the court, and serve it on your employer. Generally that can be done relatively quickly, but it will depend on the speed the court operates.

      Reply
    1. Ted Michalos

      Not without taking the person to Court first. They need to obtain a Judgment against the card holder, then request of Writ of Seizure and Execution. Once they have the Writ they may send a notice to garnishee a person’s wages.

      Reply
  4. Caroline

    Can more than one creditor garnish your wages. The cra is already taking 50% of our income. Can another creditor garnish on top of that?

    Reply
    1. J. Douglas Hoyes

      Hi Caroline. In Ontario, legally, the maximum amount that a non-government creditor can garnishee is generally 20% of your wages, so if you already have a CRA garnishment of 50%, other creditors are not allowed to garnishee you. However, if the court doesn’t know about the other garnishment, they may issue a garnishment order. I suggest you speak to a licensed insolvency trustee to review your options.

      Reply
  5. Brittany F.

    Hi there

    In the past few months I have faced extreme hardship. I am now barely employed and doing piecework here and there, all my savings are gone to bills and I have not been able to keep up with a credit card. I then received a notice to file and they did end up getting a judgment by default because I foolishly thought I would be getting sent a notice to appear with a date of the court date. This was not the case.

    My income tax return is my only saving grace and iI wanted to know by your experience how quickly they may seize it. Do they send me a notice to garnish? I am already on the brink here and I need that to pay my rent/feed my child. Employment is not looking good in my near future. I sadly am relying on that return. It was filed yesterday and their court judgment was given 6 days ago.

    Do they say anything before they start seizing this kind of thing? Or do they just do it?

    Reply
    1. J. Douglas Hoyes

      Hi Brittany. It depends on what the court has ordered. If they court has ordered that your wages be garnisheed you don’t need to worry about it until you are back to work. If the court has given the creditor permission to freeze your bank account, then presumably they will get your tax refund when it is deposited into your bank account (although that would be unusual). The answer will depend on whether or not the creditor knows where you are banking. A licensed insolvency trustee can give you further information.

      Reply
  6. Valerie

    Hello hoping someone can shed some light for me. I lent a “friend” a sum of cash and since has refused to pay me back. I know I have the right to reclaim my money but can a court garnish this persons alimony payments? Thank you.

    Reply
    1. J. Douglas Hoyes

      Hi Valerie. As a general rule a court does not garnishee alimony payments. This would be a question to ask a lawyer who could give you a more specific answer, and advise you on what options in the court process you may have.

      Reply

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