What Is a Notice of Garnishment in Ontario?
A notice of garnishment Ontario is a court enforcement document used to redirect money owed to a judgment debtor toward a judgment creditor. The third party owing that money is called the garnishee. In a wage case, the garnishee may be the debtor’s employer. The process is governed by applicable court rules.
Why it matters in Ontario
A notice of garnishment Ontario can be used after a judgment or order for payment or recovery of money. Garnishment allows a creditor to seek payment from a debt that another person or organization owes to the debtor.
In simple terms, the process can redirect money that would otherwise go to the judgment debtor.
The third party is called the garnishee. An employer can be a garnishee where wages are owed to the judgment debtor. Other organizations may also be garnishees depending on the debt involved.
For civil proceedings, Rule 60.08 of Ontario’s Rules of Civil Procedure addresses garnishment. It states that an order for payment or recovery of money may be enforced by garnishment of debts payable to the debtor by other persons.
The rule also sets out the process for obtaining and serving a notice of garnishment.
The official Ontario Rules of Civil Procedure, Rule 60 should be checked for the current civil enforcement requirements.
A notice of garnishment Ontario matter therefore involves more than sending a letter to an employer.
The creditor must identify the correct debtor and garnishee. The correct court documents must be prepared and issued. The required parties must then receive the documents using an allowed service method.
For civil matters, the current Ontario Court Forms site identifies Form 60H as the Notice of Garnishment. The current version has a May 1, 2025 version date and an October 6, 2025 effective date.
Small Claims Court has its own garnishment form. Ontario Court Forms identifies Form 20E as the Notice of Garnishment for Small Claims Court.
This distinction matters.
You should confirm which court and procedure apply before preparing the documents.
What it involves in practice
Understanding what a notice of garnishment does
If you are asking what is a garnishment notice, think of it as a formal enforcement notice directed to someone who owes money to the judgment debtor.
The notice tells the garnishee about the garnishment and the debt that is subject to the process.
For example, an employer may owe wages to an employee who is a judgment debtor. The employer can become the garnishee in the enforcement process.
The garnishee’s obligations depend on the applicable rules and the circumstances of the matter.
Identifying the judgment creditor and debtor
Start with the court order or judgment.
Check the exact legal names of the judgment creditor and judgment debtor.
Also confirm the court file number.
A mismatch between the court record and the garnishment documents can create administrative problems.
The debtor’s address and the garnishee’s name and address may also be required as part of the enforcement process.
Identifying the garnishee
The garnishee is the person or organization that owes money to the judgment debtor.
For wage garnishment, this may be the employer.
For another type of debt, the garnishee could be a different organization or person.
You should not assume that an organization is the correct garnishee simply because it has a connection with the debtor.
The information should be checked before the notice is prepared or served.
Obtaining the notice
For civil proceedings, Rule 60.08 sets out how a creditor obtains a Notice of Garnishment.
The creditor must file the required requisition, the entered order, supporting evidence where required, and an affidavit containing the information required by the rule. The registrar then issues the Notice of Garnishment.
The current Ontario Court Forms website lists Form 60G as the Requisition for Garnishment and Form 60H as the Notice of Garnishment.
Serving the notice
A notice of garnishment Ontario must be served according to the applicable procedure.
For civil proceedings, Rule 60.08 states that the creditor serves the notice on the debtor together with the required affidavit. The garnishee receives the notice with a blank Garnishee’s Statement attached.
The rule also provides permitted methods of service, including ordinary mail, personal service, or an alternative to personal service under the applicable rule.
Where the garnishee is a financial institution, special service requirements can apply.
This is one reason you should check the current rules before arranging service.
Understanding payment into court
Once a garnishment is properly served, the garnishee may have obligations concerning money owed to the debtor.
In civil proceedings, Rule 60.08 provides for payment to the sheriff where the garnishee admits owing a debt to the debtor. The rule also provides for a Garnishee’s Statement where the garnishee disputes the garnishment or cannot make the required payment.
This can lead to payment into court or related enforcement handling through the sheriff.
The exact process depends on the proceeding and circumstances.
Where people commonly go wrong
Using the wrong form
Civil proceedings and Small Claims Court do not necessarily use the same garnishment forms.
The current Ontario Court Forms website should be checked before documents are prepared.
Serving only the employer
A common mistake is assuming that serving the garnishee is the only required step.
For civil proceedings, the rules require service on both the debtor and garnishee, with different accompanying documents.
Using an incorrect garnishee address
Organizations can have several offices or departments.
An incorrect service address can create delays or questions about whether service was properly completed.
Failing to include required documents
The notice may need accompanying documents.
For example, civil Rule 60.08 requires a blank Garnishee’s Statement to accompany the notice served on the garnishee.
Check the complete package before delivery.
Confusing garnishment with ordinary service
Garnishment is an enforcement process.
It has specific requirements for issuing, serving, and responding to the notice.
Treating it like an ordinary court document can lead to mistakes.
Failing to keep proof
Keep records showing what was served, who received it, where service occurred, and when it happened.
Good service records can be valuable if service is later questioned.
When to use a professional
You may be able to arrange a notice of garnishment Ontario matter yourself if you understand the applicable procedure and have the correct documents.
Professional support can help when documents must be served on an employer, financial institution, or another organization.
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 appropriate for your matter.
If you need legal guidance, consult a licensed Ontario lawyer or paralegal.
The key to a notice of garnishment Ontario matter is accuracy. Confirm the correct court, debtor, garnishee, documents, service method, and current requirements before proceeding.
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.
