Anonymous

Difference between revisions of "When a Creditor Wants to Take Money From Your Wages or Bank Account"

From Clicklaw Wikibooks
m
Line 46: Line 46:
==Work out the problem==
==Work out the problem==


===The steps involved===
There are steps you can take if a creditor gets a garnishing order against you.
There are steps you can take if a creditor gets a garnishing order against you.


'''Step 1'''. Apply to set aside the garnishing order
===Step 1. Apply to set aside the garnishing order===


'''Step 2'''. File and serve the application
'''Step 3'''. Attend the court hearing
===More on each step===
'''Step 1. Apply to set aside the garnishing order'''<br>
You can apply to court to set aside (or “release”) a garnishing order.
You can apply to court to set aside (or “release”) a garnishing order.


First, you’ll need to prepare a court form to start the application. Your material will need to explain why it’s “just in all the circumstances” to release the garnishing order. For example, you might argue that the order causes you serious financial hardship.
First, you’ll need to prepare a court form to start the application. Your material will need to explain why it’s “just in all the circumstances” to release the garnishing order. For example, you might argue that the order causes you serious financial hardship.


'''Step 2. File and serve the application'''<br>
===Step 2. File and serve the application===
 
Next, you file the application in court, and serve it on the other party.
Next, you file the application in court, and serve it on the other party.


'''Step 3. Attend the court hearing'''<br>
===Step 3. Attend the court hearing===
 
At your hearing, you explain to the judge why they should release the garnishing order.
At your hearing, you explain to the judge why they should release the garnishing order.


We go into detail on these steps and provide links to the court forms involved. [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/dealing-debt/creditor-wants-take-money-your-wages-or-bank-account See our in-depth information on this topic].
We go into detail on these steps and provide links to the court forms involved. [https://www.peopleslawschool.ca/creditor-garnish-wages-or-bank/ See our in-depth information on this topic].


==Who can help==
==Who can help==
9,075

edits