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: A considerable amount of online searches pertaining to “lawyers near me” or “best lawyer in” frequently indicate a desire for prompt and effective legal support instead of a particular professional title. In , licensed paralegals are governed by the same Law Society that regulates lawyers and have the authority to represent clients in specified litigation matters. Advocacy, legal analysis, and procedural expertise are fundamental to that function. Anderson Aylwin Begg & Co. provides legal representation within its licensed scope, focusing on strategic positioning, evidential preparation, and compelling advocacy aimed at securing efficient and beneficial resolutions for clients.
