Termination of Garnishment: Mandate to Issue Prompt Notice to Cease Payments to Court Clerk

Question: When does a creditor need to stop garnishment proceedings in Canada?

Answer: In Canada, once a judgment is fully satisfied, the creditor must "immediately" serve a Notice of Termination of Garnishment (Form 20R) to both the garnishee and the court clerk, as dictated by Rules of the Small Claims Court, O. Reg. 258/98 at Rule 20.08(20.2). Prompt action ensures fairness by preventing overpayment. For clarity and compliance, consult with Success.Legal™, serving communities across Ontario, including Toronto and Oshawa.

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.