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Difference between revisions of "Garnishment and Set-offs"
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Garnishment and Set-offs (view source)
Revision as of 22:47, 16 September 2018
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=== If the garnishing order has been made after judgment === | === If the garnishing order has been made after judgment === | ||
If the garnishing order has been made '''after''' judgment (such as against wages), section 5 of the ''Court Order Enforcement Act'' is the only realistic ground you can use to have the order set aside (apart from the exempt government funds exemption noted above). The same test applies. However, when a judge sets aside an order made after judgment, an instalment payment order must form part of the order to set aside. The advantage of this requirement for the debtor is that so long as the instalment payment order is being complied with, section 5 says the creditor cannot take other judgment enforcement steps against the debtor (such as having a court bailiff seize assets). | If the garnishing order has been made '''after''' judgment (such as against wages), section 5 of the ''Court Order Enforcement Act'' is the only realistic ground you can use to have the order set aside (apart from the exempt government funds exemption noted above). The same test applies. However, when a judge sets aside an order made after judgment, an instalment payment order must form part of the order to set aside. The advantage of this requirement for the debtor is that so long as the [[Instalment Payment Orders|instalment payment order]] is being complied with, section 5 says the creditor cannot take other judgment enforcement steps against the debtor (such as having a [[Bailiffs, Court Bailiffs and Sheriffs|court bailiff]] seize assets). | ||
Clients may be concerned about being fired if their wages are garnished. You can point out ''Court Order Enforcement Act'', section 27, which states that employers cannot dismiss or demote employees solely because of the service of a garnishing order on the employer. If they do, employers can be prosecuted for breaches of section 27. | Clients may be concerned about being fired if their wages are garnished. You can point out ''Court Order Enforcement Act'', section 27, which states that employers cannot dismiss or demote employees solely because of the service of a garnishing order on the employer. If they do, employers can be prosecuted for breaches of section 27. | ||
