How to Stop a Wage Garnishee
The dreaded garnishee order has been sent to your employer?
There are a few options available when you’re in this situation, your provincial court website is a great source for information regarding wage garnishee’s.
For any of the provinces though the most effective way to stop a garnishee on your wages is to change jobs.
If the judgment creditor doesn’t know which employer the garnishee order is to be made out to then they cannot file a garnishee order with the courts. Anyone facing a wage garnishee should contact the judgment creditor to attempt to negotiate repayment of the judgment, your leverage in the negotiation is that you could end your employment and leave them with a ‘dry judgment’ if they are unwilling to negotiate.
The major exception is in the province of British Columbia, which is one of the more debtor judgment ‘friendly’ provinces by far.
Not only do garnishee orders need to be filed with the courts and served to your employer for every pay check, but the courts will usually allow garnishee orders to be stopped if you apply for ‘court ordered payments.’ This means the judgment holder must accept the payments that the courts consider reasonable, which is based on your income/expenses that you provide to the courts.
Now if a creditor is only going after wages (you don’t have a property lien or asset lien of any type) then the only method of recovery is going to come from them knowing where you are employed. If for some reason you should change jobs, it becomes extremely difficult for them to locate your new employer information. The only ‘source’ they will have available would be your previous employer who they obviously will contact if their garnishee order or court ordered payments cease.
Be sure to check your provincial courts website for any more information regarding wage assignments and garnishee orders as well as contact a lawyer regarding your options available to you if your wages are garnisheed.
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Awesome share! Thank you very much
Great post. Thanks for the info.