ENFORCEMENT / CIVIL LITIGATION

Garnishment in Ontario: Seizing Wages and Bank Accounts to Enforce Court Orders

Winning in court is only half the battle. If your ex-spouse refuses to pay their Equalization Payment or Legal Costs, here is how to seize the funds directly from their bank or employer.

By Deepa Tailor, Senior Family Lawyer

Published: January 26, 2026

8 Minutes

Legal Review: Reviewed by Deepa Tailor, Senior Family Lawyer, to ensure accuracy regarding the Wages Act and Rule 29 of the Family Law Rules.

Too Busy to Read? The 30-Second Answer

The Mechanism:

A "Notice of Garnishment" is a court document sent to a third party (the Garnishee), such as a bank or employer. It legally forces them to pay money owed to your debtor directly to the Sheriff instead.

The Limits:

Under the Ontario Wages Act, you generally cannot garnish 100% of a paycheque.

For regular debts (e.g., Equalization): 20% of wages can be garnished.
For Support (Child/Spousal): 50% of wages can be garnished.

The "Police" Distinction:

Police generally do not collect debts. They will not arrest someone for failing to pay a property settlement. You must use the Sheriff (Enforcement Office).

How to File a Garnishment: Step-by-Step

Unlike the FRO (which is automatic), enforcing a one-time payment like a 'Cost Award' requires you to do the work. Here is the process:

The Payment Hearing (Optional)

If you don't know where they bank, you can force them to attend a 'Examination in Aid of Execution' to reveal their assets under oath.

Issue the Notice (Form 20E)

Fill out Form 20E (Notice of Garnishment) and have it issued by the court clerk. You must verify the amount owing.

Serve the Garnishee

Serve the documents on the Bank Branch or the Employer's Payroll Department *and* the Debtor.

The Sheriff Collects

The bank/employer sends the money to the Sheriff. The Sheriff holds it for 30 days (Creditors Relief Act period) before sending it to you.

Where is the Money? Best Targets for Garnishment

Bank Accounts

The most effective target. If you know their branch, a garnishment freezes the account immediately. The bank must remit the funds to the Sheriff.

Employment Wages

Steady but slow. You receive a portion of every paycheque. Note: You cannot garnish someone who is self-employed or paid in cash easily.

Rent Tenants

If your debtor owns a rental property, you can serve their *tenants*. The tenants must pay their rent to *you* (via the Sheriff) instead of the landlord.

Debt Collection Myths

The Police Myth

Myth: "He owes me $50,000 in property division. I'll call the police to charge him with theft."

The Civil Reality

Reality: Police do not enforce civil debts. Without a 'Police Enforcement Clause' (which is only for custody), officers will refuse to act. You must use the Civil Enforcement Office (Sheriff) to seize assets.