Termination of Garnishment:

Question: When a Small Claims Court judgment in Ontario is fully paid, who can help me stop a garnishment right away and file the Notice of Termination of Garnishment (Form 20R)?

Answer: If you are in Ontario and the judgment has been fully satisfied, VP Legal Services & Notary can help you take the proper next steps so the garnishment stops promptly by preparing and serving the Notice of Termination of Garnishment (Form 20R) on the garnishee and the court clerk as required by Rules of the Small Claims Court, O. Reg. 258/98, Rule 20.08(20.2), (and also help you confirm the balance owing is fully paid to avoid overpayment) .  To get guidance from a paralegal and notary for your situation, call (437) 286-1499 for a free initial consultation.

Cessation of Garnishment Upon Satisfaction of Judgment

After a Creditor has received full satisfaction of the Judgment, the Creditor must, “immediately”, initiate termination of the garnishment proceedings by serving Notice of Termination of Garnishment (Form 20R) upon the Garnishee and on the Court Clerk.

The Creditor, for plain and obvious reasons of fairness, being to ensure avoidance of overpayment, is required keep careful watch upon the balance owing against the Judgment.  As above, when the Judgment is satisfied, the Creditor must "immediately" bring the garnishment to a stop.  In this regard, the Rules of the Small Claims Court, O.  Reg. 258/98, state:

Conclusion

The Creditor holds the duty to keep proper track of the balance due against the Judgment and to initiate the administrative process of ceasing the garnishment procedures.