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Difference between revisions of "Enforcement of a Small Claims Judgment (20:XVII)"
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Enforcement of a Small Claims Judgment (20:XVII) (view source)
Revision as of 23:41, 6 August 2021
, 23:41, 6 August 2021→C. Garnishment After Judgment
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== C. Garnishment After Judgment == | == C. Garnishment After Judgment == | ||
Garnishment requires a third party, often the debtor’s employer or bank, to pay money owing to the debtor into court instead of to the debtor. The creditor must file an affidavit that describes the amount of the payment order, the amount still owing and the name and address of the garnishee. The affidavit must be sworn before a notary, a lawyer, or a justice of the peace at the registry. Certain assets such as social assistance payments (welfare, disability) and joint accounts may not be garnished. With some exceptions, only 30 | Garnishment requires a third party, often the debtor’s employer or bank, to pay money owing to the debtor into court instead of to the debtor. The creditor must file an affidavit that describes the amount of the payment order, the amount still owing, and the name and address of the garnishee. The affidavit must be sworn before a notary, a lawyer, or a justice of the peace at the registry. Certain assets such as social assistance payments (welfare, disability) and joint accounts may not be garnished. With some exceptions, only 30 percent of the debtor’s salary can be garnished (''Court Order Enforcement Act'', RSBC 1996, c 78, s-s 3(5)-(7)). | ||
The creditor must also fill out a garnishing order identifying the garnishee (the bank or the employer) with its full legal name and address. In the case of a bank, the specific branch must be identified and must be located in British Columbia. The garnishee will pay the entire amount it owes the debtor (i.e., the positive balance in a bank account). The garnishing order does not freeze the account; the claimant may re-garnish the bank at any time. | The creditor must also fill out a garnishing order identifying the garnishee (the bank or the employer) with its full legal name and address. In the case of a bank, the specific branch must be identified and must be located in British Columbia. The garnishee will pay the entire amount it owes the debtor (i.e., the positive balance in a bank account). The garnishing order does not freeze the account; the claimant may re-garnish the bank at any time. | ||
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Once the creditor receives a garnishing order, they must serve both the garnishee and the debtor either personally, or by registered mail. | Once the creditor receives a garnishing order, they must serve both the garnishee and the debtor either personally, or by registered mail. | ||
Once an order for garnished wages is served on the garnishee, the order is only valid for wages due and owing within '''seven''' days (''Court Order Enforcement Act'', RSBC 1996, c 78, s 1) – it is therefore critical to have some knowledge relating to the debtor’s pay schedule. If the garnishee owes money to the debtor, they must pay the amount owed | Once an order for garnished wages is served on the garnishee, the order is only valid for wages due and owing within '''seven''' days (''Court Order Enforcement Act'', RSBC 1996, c 78, s 1) – it is therefore critical to have some knowledge relating to the debtor’s pay schedule. If the garnishee owes money to the debtor, they must pay the amount owed to court. All money paid into court is held until further order of the court. | ||
A creditor may apply for the garnishment of a debtor’s bank account and accounts receivable '''before''' a judgment is reached. This is called a pre-judgment garnishing order. For more information, see '''Section III.B.4.: “Garnishment of Bank Accounts and Other Accounts Receivable in Chapter 10: Creditors’ Remedies and Debtors’ Assistance.''' | A creditor may apply for the garnishment of a debtor’s bank account and accounts receivable '''before''' a judgment is reached. This is called a pre-judgment garnishing order. For more information, see '''Section III.B.4.: “Garnishment of Bank Accounts and Other Accounts Receivable in Chapter 10: Creditors’ Remedies and Debtors’ Assistance.''' | ||
== D. Payment Hearing == | == D. Payment Hearing == | ||