Termination of Garnishment:

Question:After my judgment is paid in full, how do I get a garnishment ended in Ontario Small Claims Court?

Answer:VP Legal Services & Notary can help you understand the Small Claims Court garnishment termination steps after the judgment is satisfied by having the creditor immediately serve a Notice of Termination of Garnishment (Form 20R) on the garnishee and the court clerk once the amount owing under the enforcement order is paid.  As outlined in Rules of the Small Claims Court, O. Reg. 258/98 at Rule 20.08(20.2), the creditor’s duty is to stop the garnishment without delay, and you should keep an eye on whether the balance owing has actually been paid to avoid overpayment.  If you want paralegal and notary support to organize what was paid and what documents should be served, call (437) 286-1499 at (437) 286-1499 to get started.

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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.

Note: Please contact VP Legal Services & Notary by phone at: (437) 286-1499 to discuss any specific questions that you may have.

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.