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Answered in 31 minutes by:
12/6/2009
LawyerProfessor, Lawyer
Category: Canada Law
Satisfied Customers: 843
Experience: Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
VerifiedThe credit card company will first have to obtain a judgment against you before they can enforce. This will involve serving you with a claim and allow you to defend. (You probably don't have a defence)
Once they obtain judgment, they can then proceed to enforce against you. The creditor can proceed to garnish income sources. A piece of legislation called usually called the Wages Act in each province provides for limitations on what can be garnished. It also provides that old age pensions and cpp cannot be garnished.
Keep in mind, however, that your bank accounts can be garnished. As such, once the payments get in your bank account, the creditor can attempt to garnish it at that stage. If they are successful, then you would be put through the trouble of having to bring a motion to set aside the improper seizure.
Hope this helps.
Kindly accept so that I can be credited with the above assistance.
A creditor with a judgment can attempt to garnish any bank account. Switching the account may help in the sense that the creditor may not be aware of the new account with the new institution. If the creditor finds out about this account somehow, then they can proceed to garnish that as well and you will have to bring the motion to set the garnishment aside.
LawyerProfessor, Lawyer
Category: Canada Law
Satisfied Customers: 843
Experience: Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
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