How does wage garnishment work if I have a court judgment in Ontario?

Wage garnishment is one of the most effective tools for enforcing a court judgment in Ontario when the debtor is employed. Once you have a judgment, you can serve a notice of garnishment on the debtor's employer, directing the employer to deduct a portion of the debtor's wages and pay it to the court, which then remits it to you.

Ontario law protects a portion of the debtor's wages from garnishment so they retain enough income to meet basic needs. The exact protected amount is set out in Ontario legislation, which limits how much can be taken from a debtor's net wages. Amounts above the protected threshold are subject to garnishment.

Garnishment requires filing the appropriate documents with the court and serving them correctly. If the debtor changes jobs, you may need to re-serve the garnishment on the new employer. Garnishment can also apply to money owed to the debtor by others — such as rent payments or amounts owing from a contract — not just wages. If the garnished party disputes the garnishment, they can file a dispute and a hearing may be required.