Enforcement of the court order

Posted By On 06-22-2020
Once judgment has been obtained through the Small Claims Court against a defendant (debtor), it is important to note that there are several ways that the plaintiff (creditor) may collect the money. A common method to enforce the court order is garnishing wages with the help of  a Mississauga Small Claims paralegal. In order to successfully garnish the debtors’ wages, the creditor should know where the debtor is employed and location.  If the creditor obtains this information, then there are specific forms that must be filled out and served on the garnishee. It is important to note that these forms must be filled out in accordance with the Rules of the Small Claims Court. There are different rules that must be followed to successfully garnish wages of a government employee or a member of the Canadian Armed Forces. In a situation where the debtor is a government employee, the creditor must provide additional information to the employer, more than what is set out within the standard notice of garnishment form. These forms must also be served at a specific location within a strict timeline.

If the debtor is a provincial government employee, the creditor is required to fill out an additional form titled a “Statement of Particulars”.

Lastly, if the debtor is a member of the Canadian Armed Forces, then the creditor needs to give the debtor’s commanding officer notice of their intention to issue a garnishment within a prescribed time. Once the notice of garnishment is served, the commanding officer has a specified amount of time to respond to the creditor regarding the garnishment. Garnishing wages is a very effective way for a creditor to enforce the court order and collect the money that is owed to them. However, there are many rules that must be followed and forms must be filled out correctly. It is always in the creditors best interest to obtain legal representation in order to ensure accuracy in the garnishment. Contact Balatidis Legal Services - a Mississauga small claims paralegal  at 905-277-7701.
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