Termination of Garnishment:

Question: 1) After your Small Claims Court judgment has been fully paid, who can help you stop a garnishment in Ontario and file the right termination notice?

Answer: 2) Anderson Aylwin Begg & Co. Paralegals in Ontario can help you confirm the balance owing and, once the judgment amount enforced by garnishment is paid, ensure the creditor immediately serves a Notice of Termination of Garnishment (Form 20R) on the garnishee and on the court clerk, as required by Rules of the Small Claims Court, O. Reg. 258/98, Rule 20.08(20.2).  This helps prevent avoidable overpayment and keeps your garnishment from continuing after satisfaction. If you need step-by-step guidance or document review across Ontario, call (905) 686-8080 to get started.

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.