Yes No Share to Facebook
Termination of Garnishment: Mandate to Issue Prompt Notice to Cease Payments to Court Clerk
Question: How can I ensure my garnishment proceedings are terminated after the judgment is satisfied?
Answer: After a judgment is fully paid, the creditor must promptly serve a Notice of Termination of Garnishment (Form 20R) to avoid overpayments. Anderson Aylwin Begg & Co. Legal Services Professional Corporation can assist you in navigating this process efficiently and effectively.
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:
Notice Once Order Satisfied
20.08 (20.2) Once the amount owing under an order that is enforced by garnishment is paid, the creditor shall immediately serve a notice of termination of garnishment (Form 20R) on the garnishee and on the clerk.
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.
NOTE: Many searches involving “lawyers near me” or “best lawyer in” often reflect a need for immediate, capable legal representation rather than a specific professional title. In the province of Ontario, licensed paralegals are regulated by the same Law Society that oversees lawyers and are authorized to represent clients in designated litigation matters. Advocacy, legal analysis, and procedural skill are central to that role. Anderson Aylwin Begg & Co. delivers representation within its licensed mandate, concentrating on strategic positioning, evidentiary preparation, and persuasive advocacy aimed at achieving efficient and favourable resolutions for clients.
