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.
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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 to the court clerk (or to the Family Responsibility Office, if it enforces the order) 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 financial examination (Form 27C) to reveal their assets under oath (Family Law Rules, r. 27(11)).
Issue the Notice (Form 29A or 29B)
File a request for garnishment (Form 29) and a statement of money owed, and the court clerk issues the notice of garnishment (Form 29A or 29B). 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 Court Collects
The bank/employer sends the money to the court clerk (or the FRO). Support owed to you within the Creditors’ Relief Act priority is paid to you right away; any other amount goes to the sheriff to be shared among creditors (Family Law Rules, r. 29(12)).
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 court clerk (or the FRO).
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 court clerk or the FRO) 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.
Frequently Asked Questions
Related Resources & Statutes
Internal Resources
Owed Money? Act Fast.
Debtors often move money once they know you are serious. We can issue a Garnishment immediately to secure your funds.
Deepa Tailor, Senior Family Lawyer
Deepa Tailor helps clients enforce Equalization Payments and Cost Awards through aggressive garnishment and seizure strategies.