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In line with the Ontario Wages Act, a creditor can only garnish up to 20% of your wages, or up to 50% for child support. The court will ultimately make this decision based on your unique financial circumstances.
If a judgment is entered against you, a debt collector will have stronger tools, like garnishment, to collect the debt. A judgment is an official result of a lawsuit in court. In debt collection lawsuits, the judge may award the creditor or debt collector a judgment against you.
Step 1: COMPLETE and FILE a Notice of Garnishment form and an Affidavit for Enforcement Request (Form 20P) with the court office. The clerk will stamp the notice. There is a fee. Step 2: SERVE.
You file the affidavit and notice of garnishment with the court or file each document online using the Small Claims Court Submissions Online portal at .ontario.ca/page/file-small-claims-online. There is a fee for filing the notice of garnishment.
How much of your wages can be garnished in Ontario? In Ontario, the maximum amount a commercial creditor can garnish from your paycheque is 20% of your gross income. However, the court will consider your budget, income, expenses, and other financial obligations to determine how much your creditor can collect.