Writ Court Garnishment Forms Ontario

State:
Multi-State
Control #:
US-01159BG
Format:
Word; 
Rich Text
Instant download

Description

The Writ Court Garnishment Forms Ontario are essential legal documents used to initiate garnishment proceedings, allowing a creditor to collect money owed through a third party, such as an employer. These forms are primarily utilized by attorneys, paralegals, and legal assistants who represent clients in financial disputes. The form includes sections for identifying the court, plaintiff, defendant, and garnishee, ensuring each party is clearly named in the process. In filling out the form, users must provide specific details such as the case number, names of the involved parties, and reasons for the garnishment request. Editing these forms requires careful attention to detail to ensure compliance with court requirements. Notably, the forms also include a motion to quash the garnishment, allowing defendants an opportunity to contest the garnishment on valid grounds. This is particularly useful for attorneys advising clients who believe a garnishment is unjust or legally invalid. Overall, these forms are crucial tools in the debt collection process, enabling legal professionals to navigate garnishment effectively.
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  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion

How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?

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FAQ

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.

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Writ Court Garnishment Forms Ontario