Termination of Garnishment:

Question: After I fully pay the Small Claims Court judgment, what should I do to stop the garnishment in Ontario?

Answer: After the judgment amount enforced by garnishment is paid in full, the creditor must “immediately” serve a Notice of Termination of Garnishment (Form 20R) on the garnishee and on the court clerk, so the garnishment proceedings stop for plain and obvious fairness reasons like avoiding overpayment.  The Small Claims Court rules require this once the amount owing under the garnishment-enforced order is paid: Rules of the Small Claims Court, O. Reg. 258/98, Rule 20.08(20.2).  If you need help confirming what has to be filed and served, Wennekers.Legal™ provides professional legal services in Ontario, and you can call (647) 701-1162.

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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.

Note: Please contact Wennekers.Legal™ by phone at: (647) 701-1162 to discuss any specific questions that you may have.

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.