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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101436
Experience:  Lawyer
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Im not sure who should look at this its about 'Garnishing wages'

Customer Question

Im not sure who should look at this its about 'Garnishing wages' in Ontario
Well over ayear ago I went to samll claims court and an agreement was made cheques were given and I forgot about it.... well today my employer was sent a letter and form to garnish my wages ( in one lump sum) complete surprise to me. I haver eceoeved no direct letter(one you have to sign for) form the company in question and nothing from th court to tell met hat the sum was not paid. The sum that was not paid was only 650$ but with interest its now 1400$ and thecompany never notifed me that it was deliqunt. The settelment staed that if i forgeot to make a paymnet thenthey could immideiately demand the whole sum at onces but thecomoany never todlmre anythint till today withmy employer. that 1400 represemnts over half of amonths earnings and I am the only income in this house.
Nowmy emplyer sent with the demand a 'Garnishee's Statment' ( not filled out).....woudl ai take that ot court?
Then my emplyer got a 'Affidavit for Enforcement Request' In thisrequest it says that " The notice will be served on me within 5 days ofserving it on the garnishee"
so is there anything i can do here to make this easier forme? I think this company did thison purpose........intentioanlly not informing me .
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
'Garnishing wages' is there anything I can do thT WILL stop the process and allow modification? The original settelment was made in small claims court.......................thsi garneshing deal was done throguh Superior Court of Justice.
Expert:  Debra replied 2 years ago.
The Wages Act allows for a garnishment of only 20% of a paycheque unless the garnishment is for spousal or child support. So the 50% cannot happen. As well, you can go back to court to protest the garnishment on the basis that you provided all the cheques, do not know what happened but would have paid whatever was owing immediately if you had been told that one cheque was missing for some reason and that you will pay what is owing now but not the interest as you should not pay interest when you were not told about the missing payment.
Customer: replied 2 years ago.
its not 50% they are taking 100% of what theysay is oweing . Is there any form that I willhave to have to submit to th eclerk at the court house as well? And is my employer required to pay this even though it is not being doen thiorugh a court order. Or to put another way..........does the court house today have to intervien i directly to stop this before the next paycheck is isssued?........which is 2 weeks, I gpt paided this last week andwe get paid every 2 weeks.
Expert:  Debra replied 2 years ago.
Are you saying that the employer is being instructed to take more than 20% of your paycheque? What do you mean when you say there is no court order? I thought your employer was served with a court order for the garnishment.