Termination of Garnishment:

Question: Once my Small Claims Court judgment is fully paid, how do I stop a garnishment in Ontario?

Answer: Pollock Paralegal can help you with the process of stopping a garnishment after a judgment is satisfied by ensuring the creditor promptly serves a Notice of Termination of Garnishment (Form 20R) on the garnishee and the court clerk once the amount owing under the garnishment order is paid, as required by Rules of the Small Claims Court, O. Reg. 258/98 at Rule 20.08(20.2).   Keep careful track of the balance owing to confirm the judgment is fully satisfied before termination so you avoid overpayment, and then file or deliver the termination notice correctly.   If you need help confirming what to serve and when, call (519) 694-0363 to book a free 1/4 hour consultation with a paralegal at Pollock Paralegal.

Cessation of Garnishment Upon Satisfaction of Judgment

After a Creditor has received full satisfaction of the Judgment, the Creditor must, “immediately”, initiate termination of the garnishment proceedings by serving Notice of Termination of Garnishment (Form 20R) upon the Garnishee and on the Court Clerk.

The Creditor, for plain and obvious reasons of fairness, being to ensure avoidance of overpayment, is required keep careful watch upon the balance owing against the Judgment.  As above, when the Judgment is satisfied, the Creditor must "immediately" bring the garnishment to a stop.  In this regard, the Rules of the Small Claims Court, O.  Reg. 258/98, state:

Conclusion

The Creditor holds the duty to keep proper track of the balance due against the Judgment and to initiate the administrative process of ceasing the garnishment procedures.