Termination of Garnishment:

Question: How do I stop a garnishment in Ontario after the creditor has been fully paid and the judgment is satisfied?

Answer: After your judgment is fully satisfied in Ontario, Empowered Legal Services can help you understand and complete the immediate administrative steps to stop garnishment by ensuring the creditor serves a Notice of Termination of Garnishment (Form 20R) on the garnishee and the court clerk without delay, while also keeping careful track that the balance owing is truly paid in full to prevent any overpayment.   If you are a debtor and you want the garnishment ended correctly under the Small Claims Court rules, O. Reg. 258/98 at Rule 20.08(20.2), then contact the professional legal advocacy team at (855) 808-6510 so a Lawyer & Paralegal can guide you through what documents to request, what to verify, and how to act promptly in Ontario.

Cessation of Garnishment Upon Satisfaction of Judgment

After a Creditor has received full satisfaction of the Judgment, the Creditor must, “immediately”, initiate termination of the garnishment proceedings by serving Notice of Termination of Garnishment (Form 20R) upon the Garnishee and on the Court Clerk.

The Creditor, for plain and obvious reasons of fairness, being to ensure avoidance of overpayment, is required keep careful watch upon the balance owing against the Judgment.  As above, when the Judgment is satisfied, the Creditor must "immediately" bring the garnishment to a stop.  In this regard, the Rules of the Small Claims Court, O.  Reg. 258/98, state:

Conclusion

The Creditor holds the duty to keep proper track of the balance due against the Judgment and to initiate the administrative process of ceasing the garnishment procedures.