Not legal advice; Ontario information as of October 15, 2026. Source, read on that date: the Government of Ontario's Guide to Procedures in Small Claims Court, “After judgment” (page updated July 2, 2026). The Form 20E PDF itself and the text of the Small Claims Court Rules could not be read that day, so this page quotes no rule number and no form version, and states no fee amount. The court may have issued newer versions of any form.
What garnishment is
Garnishment is one of the ways Ontario's guide lists for enforcing a Small Claims judgment. The creditor (the person owed money) asks the court to notify a third party that owes money to the debtor. That third party is the “garnishee”: most often an employer owing wages, or a bank holding an account. For wages you need the employer's correct legal name and address; the guide warns that a wrong name may give the employer a defence for ignoring the order. For a bank account you need the name and address of the branch where the debtor banks.
The forms in a garnishment
| Form | What it is | Who handles it |
|---|---|---|
| Form 20P | Affidavit for Enforcement Request: the court order, the amount owing, that a third party owes the debtor money, and the garnishee's address. | Creditor files it with the notice |
| Form 20E | Notice of Garnishment. One per garnishee; with more than one garnishee, each needs its own notice and affidavit. | Creditor files; creditor serves |
| Form 20F | Garnishee's Statement. A blank copy is served on the garnishee. | Garnishee completes |
| Form 20G | Notice to Co-owner of Debt, for any co-owner the garnishee identifies. | Served on the co-owner |
| Form 8A | Affidavit of Service. Two are needed: one for the garnishee, one for the debtor. See our Form 8A guide. | Whoever served |
Serving, and the clocks that start
- The creditor serves. Documents can be served personally, by courier or by mail. Serve the garnishee first, then the debtor.
- 5 days. The debtor must be served within 5 days of serving the garnishee.
- 10 days. The garnishee has 10 days after service, or 10 days after the debt becomes payable, whichever is later, to pay the clerk.
- 30 days. The clerk holds the first payment for 30 days. A co-owner who wants a hearing must ask within 30 days after the notice to co-owner is sent.
- 6 years. The notice must be issued within 6 years of the court order, or a motion can be made to have it issued later. Once issued, it stays in force for 6 years, and 6 more years from each renewal (Form 20E.1, filed with a new affidavit).
Limits on what can be taken
The guide says section 7 of the Wages Act restricts how much of a person's wages can be garnished. It also says employment insurance, social assistance and pension payments are exempt, even if they have been deposited in a bank account. Because the exact limits depend on that statute and on the debtor's situation, ask the court clerk, or a lawyer or paralegal, what applies before you rely on a figure.
When the debt is paid
Once the debt is paid, the creditor serves a Notice of Termination of Garnishment (Form 20R) on the garnishee and the clerk. If a creditor will not cooperate, the guide points to a Request for Clerk's Order on Consent (Form 11.2A).
Mistakes to avoid
- Guessing the employer's name. Use the legal name. The guide says names can be searched through ServiceOntario, for a fee.
- Serving in the wrong order. Garnishee first, then debtor within 5 days.
- Skipping a separate affidavit of service. Each person served needs one.
- Assuming the notice lasts forever. It runs 6 years from issuance unless renewed.
Garnishment is not the only option; the same guide also lists a Certificate of Judgment (Form 20A), an examination of the debtor (Form 20H) and writs of seizure and sale. It notes filing a notice of garnishment has a fee but gives no dollar amount, so check the court's fee page. Related walkthroughs: Form 9B (noting default), Form 8A (affidavit of service), Form 7A (plaintiff's claim), and the Small Claims Court process guide.