How do I garnish a bank account after getting a judgment in Ontario?
After obtaining a judgment in Ontario — either from Small Claims Court or the Superior Court — you can issue a Notice of Garnishment directed to the debtor's financial institution. The Notice requires the bank to hold and remit to the court any funds the bank owes to the debtor, up to the amount of the judgment debt plus accrued interest and costs.
The process starts by filing the required garnishment forms at the court office where your judgment was issued or, in Small Claims Court, with the Small Claims Court clerk. The Notice is then served on the bank (the garnishee) and the judgment debtor simultaneously. The bank must respond by filing a Garnishee's Statement indicating how much it holds in the debtor's name.
If the bank holds sufficient funds, it will pay them into court, and the court will pay you. If the account is low or empty at the time of service, the Notice covers not only funds present that day but also any funds that come into the account within 30 days of service.
To be effective, you need to know which bank and which branch holds the debtor's accounts. This is often discovered at an examination in aid of execution. If the debtor holds funds at multiple banks, you can serve garnishment notices at each institution — though each requires a separate filing fee. A lawyer can manage the filing and service logistics to maximize the chances of a successful garnishment.
Key takeaways
- File garnishment forms at court, then serve the Notice on the bank and debtor simultaneously.
- The Notice captures funds present on service day and funds arriving within 30 days.
- You need to know the specific bank and branch — this is typically found through an examination.
- Multiple bank accounts can be garnished, but each requires a separate notice and filing fee.