5,109
edits
Difference between revisions of "Creditors' Remedies against Debtors (10:III)"
Jump to navigation
Jump to search
Creditors' Remedies against Debtors (10:III) (view source)
Revision as of 00:51, 18 August 2019
, 00:51, 18 August 2019→5. Garnishment of Wages
| Line 332: | Line 332: | ||
A debtor against whom a garnishing order has been made may apply for a release of the garnishing order, and for an order for the payment of the debt by instalments on the basis of hardship (see ''Bank of Montreal v Monsell'' (1994), 58 BCLR 11 (SC)). This order, if granted (it is rare), will bind the debtor’s creditors, but will only continue for as long as the debtor is not in default on any payment for more than five days, and so long as no other garnishing order is issued against him or her for any other debt (s 5). The creditor may apply to have the order varied if new evidence of the debtor’s finances comes to light. | A debtor against whom a garnishing order has been made may apply for a release of the garnishing order, and for an order for the payment of the debt by instalments on the basis of hardship (see ''Bank of Montreal v Monsell'' (1994), 58 BCLR 11 (SC)). This order, if granted (it is rare), will bind the debtor’s creditors, but will only continue for as long as the debtor is not in default on any payment for more than five days, and so long as no other garnishing order is issued against him or her for any other debt (s 5). The creditor may apply to have the order varied if new evidence of the debtor’s finances comes to light. | ||
=== | === 6. Garnishment of Wages === | ||
==== a) Judgment Required ==== | ==== a) Judgment Required ==== | ||
| Line 354: | Line 354: | ||
==== d) Employer’s Liability for Firing Employee ==== | ==== d) Employer’s Liability for Firing Employee ==== | ||
No employer may fire or demote an employee because that employee has their wages garnished. An employer who does so is liable on summary conviction to a fine of up to $500 or up to three months in jail or both, and an employee can be reinstated with back pay if they are fired for garnishment of wages (s 27). One should consider the fact that the garnishment may have been the final reason among others for termination, and may be difficult to prove. | No employer may fire or demote an employee because that employee has their wages garnished. An employer who does so is liable on summary conviction to a fine of up to $500 or up to three months in jail or both, and an employee can be reinstated with back pay if they are fired for garnishment of wages (s 27). One should consider the fact that the garnishment may have been the final reason among others for termination, and may be difficult to prove. | ||
=== 6. Garnishment of Statutory Benefits === | === 6. Garnishment of Statutory Benefits === | ||