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Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 100977
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Questions regarding the following scenerio. A court awards

Customer Question

Questions regarding the following scenerio. A court awards costs against a plaintiff in an Ontario Superior civil court matter. The defendant issues a notice of granishment to the plantiff but the plantiff is unable to pay the full amount therefor the
defendant issues a notice of intent to garnishment to the employer (six months after the notice of garnishment was issued to the plaintiff). Can the employer garnishee the plaintiffs wages based on the court ruling or or notice of intent to garnishee or is
a garnishee summons required? If a garnishee summons is required is the employer required to provide a copy to the defendant prior to garnishee? If the employer refuses to provide the summons is the defendant able to obtain a copy from the court? What process
is followed to obtain the summons? Is there a time limit between the redering of the court decision and the time a garnishee summons needs to be obtained? If the notice of intent to garnishee exceeds the timeline is the plaintiff still able to have the employer
garnishee? Please provide the applicable section of the Acts, regulations or cases that you have utilized to provide your response as well as the amount of time spent to prepare the response and hourly rate in order to obtain payment. Thank you.
Submitted: 2 years ago.
Category: Canada Business Law
Expert:  Legal Ease replied 2 years ago.

You are not quite understanding how the site works.

I can explain the law and provide a link to the information you need as well.

But we don't do research or provide cases etc.

So I can answer your question and provide you a link to information to confirm that. If that will work let me know.

But if that is for homework then let me know that too and I can ask to have this moved to the homework section. Lawyers do not help with homework but there are other experts that will.

Customer: replied 2 years ago.
Wow, thanks for the rapid response. I confirm that this is not a homework assigment. If you could provide a response and a link to confirm the information that would be ideal. I have realized that I have made a few errors in the scenerio. Here is a copy of the corrected lines.
If the employer refuses to provide the summons is the plaintiff able to obtain a copy from the court? What process
is followed to obtain the summons? Is there a time limit between the rendering of the court decision and the time a garnishee summons needs to be obtained? If the notice of intent to garnishee exceeds the timeline is the defendant still able to have the employer garnishee? If the employer initiates a garnishee based on the notice of intent and no summons was issued is the garnishee legal and if not what recourse does the plaintiff have?I have done some research on my own i.e. I have read the Garnishment, Attachment and Pension Diversion Act but find it confusing in that it states the following: Paragraph 6(2) “A garnishee summons served on Her Majesty is of no effect unless it is served on Her Majesty in the first thirty days following the first day on which it could have been validly served on Her Majesty. R.S., 1985, c. G-2, s. 6; 1997, c. 1, s. 25What does 30 days following the first day on which it could have been served mean? Does it mean 30 days from the court decison? Does it mean 30 days from the date the first notice of intent to garnishee? Does it mean 30 days from the date of the Garnishee summons? What if the 30 days has been exceeded but the employer still expresses intent to garnishee?Paragraph 6(1) of the same Act indicates “Subject to this Division, service on Her Majesty of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds Her Majesty fifteen days after the day on which those documents are served.This paragraph seems to imply that in addition to the judgement order there needs to be a garnishee summons and some sort of an application form. Is an actual document called a garnishee summons that needs to be presented to the debtor or is the notice of intent to garnishee along with the judgement all that is needed? How is the garnishee summons obtained? What is the form that is being referred to? What does the sentence "binds her Majesty 15 days after the documents are served" mean? Do all these documents need to be presented to the employer and debtor before a garnishee can occur?I apologize for my ignorance but reading legal documents is very confusing.I am willing to pay more than the minimum amount for clarification as I realize that there are several areas that need to be explained. Is there a means for me to increase payment through paypal? Thank you for any clarification you are able to provide.
Expert:  Legal Ease replied 2 years ago.

I found a document that is just what you need I believe. It is entirely accurate as it was prepared by the law society and it is clear but it also explains the law in the way I think you want it to be explained.

Read starting at page 177.

http://rc.lsuc.on.ca/pdf/ht/civJudgmentsOrdersAppealsRoutes.pdf

Then if you still have questions let me know.

Customer: replied 2 years ago.
Thank you. I have skimmed the information but have not yet had the chance to read it. It would be appreciated if you could provide the name of the reference material this chapter belongs to.
Expert:  Legal Ease replied 2 years ago.

I don't have the title. I believe this was prepared for use by lawyers. I don't know how it got online but it is so I provided you with the link.