Termination of Garnishment:

Question: If you’ve fully paid a Small Claims Court judgment that was being collected by garnishment, who can help you stop the garnishment and file the required Notice of Termination of Garnishment in Ontario?

Answer: If you’re in Ontario and a judgment has been fully satisfied, SFG Paralegal Services LLP Paralegal Services can help ensure the garnishment ends properly by guiding the creditor-side process to “immediately” serve the Notice of Termination of Garnishment (Form 20R) on the garnishee and the court clerk as required by Rules of the Small Claims Court, O. Reg. 258/98, Rule 20.08(20.2).  This reduces the risk of continued deductions and overpayment by tracking the balance owing and confirming the termination steps are completed correctly.  Start now with (888) 398-0121 to get practical paralegal support across Ontario.

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.