How to Serve a Wage Garnishment Notice in Ontario
Serve wage garnishment notice Ontario starts with having an enforceable court order, identifying the correct garnishee, obtaining the appropriate notice, and serving the required parties correctly. In Ontario, a wage garnishment usually involves serving the employer or other garnishee, as well as the judgment debtor, under the applicable court procedure.
What you need before you start
Before you serve wage garnishment notice Ontario, confirm that you have the documents needed to begin enforcement.
A garnishment is an enforcement process. It can allow money owed to the judgment debtor to be redirected toward satisfying a court judgment.
The person or organization that owes money to the judgment debtor is called the garnishee. In a wage garnishment, the employer may be the garnishee because wages are owed to the judgment debtor.
The process can differ depending on the court and proceeding. Civil proceedings and Small Claims Court have separate rules and forms.
For civil proceedings, Rule 60 of Ontario’s Rules of Civil Procedure addresses garnishment. The rule provides for a Notice of Garnishment and sets out requirements for service on the debtor and garnishee.
The official Ontario Court Forms website lists the current Notice of Garnishment form and its effective date.
For Small Claims Court matters, the forms are different. Ontario Court Forms lists Form 20E as the Small Claims Court Notice of Garnishment.
This distinction matters before you arrange garnishment service Ontario.
You should have:
- The relevant court order or judgment.
- The court file or claim number.
- The correct judgment debtor information.
- The correct garnishee information.
- The issued garnishment notice.
- Any required supporting documents.
- The correct address for service.
Do not assume that the employer’s general mailing address is automatically the correct address.
For civil garnishment involving a financial institution, Rule 60 contains specific requirements about where the notice is served.
The steps in order
1. Confirm the enforcement documents
Start by checking the judgment and enforcement documents.
Confirm the names of the judgment creditor, judgment debtor, and proposed garnishee.
Check the court file number carefully.
The notice must correspond with the correct court proceeding.
2. Identify the garnishee
Identify the person or organization that owes money to the judgment debtor.
For a wage garnishment, this will often be the employer.
However, you should not assume that an organization is the correct garnishee simply because the debtor works there.
The information should be verified before you arrange notice of garnishment service.
3. Obtain the correct notice
Use the form that applies to your proceeding.
For civil matters under the Rules of Civil Procedure, the Notice of Garnishment is Form 60H. Ontario Court Forms currently identifies the May 1, 2025 version as effective from October 6, 2025.
For Small Claims Court, Form 20E is the Notice of Garnishment.
Do not use a civil form for a Small Claims Court matter without confirming that it applies.
4. Check the service package
Before arranging serve wage garnishment notice Ontario, check what must accompany the notice.
Under Rule 60.08, a civil Notice of Garnishment is served on the judgment debtor together with the required affidavit, while the garnishee receives the notice with a blank Garnishee’s Statement.
The current Form 60H also identifies the documents that accompany the notice.
For Small Claims Court, the official enforcement instructions state that the creditor serves the debtor with the Notice of Garnishment and the applicable affidavit, and serves the garnishee with the notice and blank Garnishee’s Statement.
5. Verify the addresses
Check both service addresses before sending the documents for service.
The garnishee’s address is especially important.
For a financial institution in a civil matter, the applicable rule can require service at the branch where the debt is payable, subject to specific exceptions.
An incorrect address can cause delays or create questions about whether service was properly completed.
6. Serve the garnishee
Arrange garnishee service using a permitted method.
For civil proceedings, Rule 60.08 provides that a Notice of Garnishment may be served by ordinary mail, personal service, or an alternative to personal service under the applicable service rule.
If you use a professional process server, provide the complete service package and clear instructions.
The process server can document what was delivered, where it was delivered, and when service occurred.
7. Serve the judgment debtor
The judgment debtor must also receive the required documents.
For civil garnishment, Rule 60.08 specifically requires service of the notice on the debtor together with the affidavit required by the rule.
Do not assume that serving only the employer completes the process.
The required parties and documents should be checked before service.
8. Record the service
Keep evidence of each completed service.
Your file should show:
- Who was served.
- What documents were served.
- Where service occurred.
- When service occurred.
- How service was completed.
- Who accepted the documents, where applicable.
This documentation can become important if service is later questioned.
9. Monitor the garnishment
Service does not necessarily end the enforcement process.
The garnishee may have obligations after receiving the notice.
For civil proceedings, the rules address payments to the sheriff and the garnishee’s obligation to provide a statement in certain circumstances.
The current Notice of Garnishment also explains the garnishee’s obligations after service.
If the garnishee disputes the garnishment or cannot make the required payment, further steps may be necessary.
How to prove it was done properly
Good records are essential when you serve wage garnishment notice Ontario.
Create a service file containing the final documents, service instructions, address information, and proof of service.
If a process server completes the delivery, keep the completed service report or other proof provided.
Check that the proof identifies the correct parties and documents.
Do not rely on a note that simply says “served.”
A useful service record should make it clear what happened.
This is especially important when the garnishee is an employer and the notice is being sent to an organization rather than an individual.
Mistakes that cause problems
Serving only the employer
A garnishment can involve service on both the garnishee and judgment debtor.
Do not assume one delivery completes every service requirement.
Using the wrong court form
Civil proceedings and Small Claims Court use different garnishment forms.
Check the current Ontario Court Forms website before preparing the service package.
Using the wrong employer address
An employer may have several offices.
Confirm the address that applies to the required service.
Leaving out required attachments
A notice may need supporting documents or a blank statement attached.
Review the complete package before service.
Confusing garnishment with ordinary document service
Garnishment is an enforcement process with specific requirements.
Do not treat it like serving an ordinary civil pleading.
Failing to document service
If service is later questioned, poor records can make the situation harder to resolve.
Keep complete proof from the beginning.
Assuming the garnishee will always pay
A garnishee can respond to a garnishment in different ways.
For example, the civil rules provide for a Garnishee’s Statement in circumstances where the garnishee disputes the garnishment or cannot make the required payment.
When to use a professional
You may be able to arrange garnishment service yourself if you understand the applicable requirements and have the correct documents.
Professional process serving can be useful when the garnishee is an organization, the debtor’s address needs attention, or you need documented service.
Select Serve and File Process Server Inc. has served Ontario since 2005. We provide process serving, court filing, and document retrieval support.
We are a process serving company, not a law firm. We do not provide legal advice or determine whether garnishment is the correct enforcement option for your matter.
If you are unsure whether you can garnish wages, which documents are required, or what enforcement step should come next, consult a licensed Ontario lawyer or paralegal.
The key to serve wage garnishment notice Ontario is accuracy. Confirm the correct proceeding, garnishee, documents, service addresses, and service method before delivery.
Need documents served in Ontario? Request a quote.
This article provides general information about process serving and court procedure in Ontario. It is not legal advice and does not create a solicitor client relationship. Court rules and procedures change. Confirm current requirements with the relevant court or consult a licensed Ontario lawyer or paralegal before acting.
Deadlines and service requirements vary by document type, court and proceeding. Missing a deadline can result in your matter being delayed or dismissed. Verify all timelines against the applicable rules and the practice direction of the court or tribunal where your matter is filed.
