Yes No Share to Facebook
Termination of Garnishment: Mandate to Issue Prompt Notice to Cease Payments to Court Clerk
Question: When a Small Claims Court garnishment is fully paid in Ontario, what must the creditor do to stop the garnishment?
Answer: In Ontario, once the judgment is paid in full, the creditor must immediately serve a Notice of Termination of Garnishment (Form 20R) on the garnishee and the court clerk under Rules of the Small Claims Court, O. Reg. 258/98 (Rule 20.08(20.2)), to prevent overpayment. Wennekers.Legal™ provides Legal Services in Ontario and can help you confirm whether the balance is satisfied and what steps are needed to end the garnishment properly.
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:
Notice Once Order Satisfied
20.08 (20.2) Once the amount owing under an order that is enforced by garnishment is paid, the creditor shall immediately serve a notice of termination of garnishment (Form 20R) on the garnishee and on the clerk.
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.
NOTE: A significant quantity of online searches featuring “lawyers near me” or “best lawyer in” typically indicates an urgent need for skilled legal assistance rather than a precise job title. In Ontario, the same Law Society that governs lawyers also regulates licensed paralegals, granting them the authority to represent clients in specific litigation issues. Central to their responsibilities are advocacy, legal analysis, and procedural expertise. Wennekers.Legal™ provides legal representation within its licensed authority, focusing on strategic positioning, the preparation of evidence, and persuasive advocacy designed to secure efficient and positive outcomes for clients.