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Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 99915
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am a debtor living in Ontario Canada who has been issued a

Customer Question

I am a debtor living in Ontario Canada who has been issued a notice of garnishment. I believe there are procedural errors in the process which should nullify the process. I would like to have a judge decide. What steps do I need to take to get a hearing
before a judge? What paperwork is required? Thank you.
Submitted: 1 year ago.
Category: Canada Business Law
Expert:  Legal Ease replied 1 year ago.

What are the procedural errors that you are referring to?

What level of court is the judgement from?

Customer: replied 1 year ago.
The court is the Ontario Superior Court of JusticeThe Creditor issued a Notice of Garnishment in Jan 2015 which did not have a form 60 I attached. The debtor then issued a Notice of Intention to Garnishee Her Majesty on 22 June 2015 referencing The Garnishment, Attachment and Pension Diversion Act which makes mention of a garnishee summons. I was not made aware of the Notice of Intent until 12 August 2015. I requested to obtain a copy of the garnishee summons and was informed that none exists. My employer provided me with the Notice of Intent along me with a letter titled Garnishee Summons which had a Compulsory Payment Order paperwork attached. Although the letter was titled Garnishee Summons I confirmed that no Summons could be produced. Additionally the debtor quoted a Queens Regulation and Order (QR&O) as authority to garnishee. I confirmed with my employer that no such QR&O exists and that the QR&O number quoted was in fact a typo. The correct QR&O relating to garnishee states that "a compulsory payment shall be ordered in respect of a garnishee summons for a judgement debt ONLY IF (caps are my emphasis) the garnishee summons is served in the first 30 days following the first day on which the garnishee summons could be validly served." I intent to argue that the garnishee summons could have been validly served in Jan or Feb 2015. In order to do so I need to know what paperwork I need to complete for the Judge's review and what process I need to follow in order to get my time with the Judge.
Expert:  Legal Ease replied 1 year ago.

You would serve on the creditor the notice to dispute the garnishment and file this with the court with proof of service.

You will have to speak to the clerk about how dates are assigned.

And you will have to show why it matters that these errors occurred because the bot***** *****ne is that if you owe the money 20% of your paycheque can be garnished each time you are paid until you no longer owe the money. So if there is some minor procedural error it won't matter. I am not saying your issues and errors are minor. I am just saying you need to prove that the outcome will be different.

Do you see what I mean?

Customer: replied 1 year ago.
What form is the "notice to dispute?"
Expert:  Legal Ease replied 1 year ago.

The Internet is down in my area and I have to answer by iphone and I am having trouble finding the form online. I have something that says it is Form 29 E but I am not sure that is correct for Superior Court. You can call the court in the morning and ask.

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