Things To Know About Wage Garnishment In Canada

If a person owes a debt and has not made a payment for quite some time, then he or she may face wage garnishment. This is a process where money is deducted from your paycheck in order to pay for your debts. Below is a list of key things you need to know about getting wages garnished:

The Process

The creditor will obtain a court order in order to begin the process of garnishing a person’s wages. The order will then be presented to the debtor’s employer. The employer is required by law to comply. The funds will be paid directly to the court.

Keep in mind that there are some cases where a garnishment can be performed without a court order. For example, no court order is needed if a person owes back taxes to the Canada Revenue Agency. People who have an assignment of wages from the credit union can also get their wages garnished without a court order.

Restrictions

There are restrictions placed on the amount of money that a creditor is able to garnish from one’s check. In most cases, the creditor is not allowed to garnish more than 30 percent of a person’s paycheck. However, people who owe money for spousal support or child support may get more than 30 percent of their check garnished.

A person can get the amount being garnished from his or her paycheck adjusted if the garnishment is causing financial hardship. People who are facing financial hardship may also be able to get a garnishment plan where they pay the debt off installments.

Stopping Garnishment

There are a few things that people can do to stop their wages from being garnished. One of the things that they can do is pay off the debt. People can also file for bankruptcy. Additionally, filing a consumer proposal with one’s creditors can stop wage garnishment.

How To Avoid Getting Your Wages Garnished

Creditors garnish wages after they have do everything that they can to reach out to the person who owes them money. The process of going through the court to obtain a wage garnishment can be tedious, which is why creditors typically want to avoid going this route. The best way to avoid getting your wage garnished is to pay the creditors what you owe. If you are having trouble making the payments, then it is best to contact the creditors. They will likely be able to work out an arrangement that works for you.

Leave a Reply

Your email address will not be published. Required fields are marked *