Termination of Garnishment:

Question: After my creditor gets full satisfaction of the judgment, how do I stop a garnishment in Ontario?

Answer: Anderson Aylwin Begg & Co.’s paralegal team can help you stop garnishment after the judgment is fully paid by ensuring the creditor immediately serves a Notice of Termination of Garnishment (Form 20R) on both the garnishee and the court clerk once the amount owing under the garnishment order is satisfied, as required by Rules of the Small Claims Court, O. Reg. 258/98, Rule 20.08(20.2).   It’s also important to verify the payment balance against the judgment to help avoid overpayment or delays, and Anderson Aylwin Begg & Co. can guide next steps and document preparation; call (905) 686-8080 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 Anderson Aylwin Begg & Co. by phone at: (905) 686-8080 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.