Yes No Share to Facebook
Termination of Garnishment: Mandate to Issue Prompt Notice to Cease Payments to Court Clerk
Question: What must a Creditor do once a Judgment is satisfied?
Answer: Once a Judgment is satisfied, the Creditor must immediately serve a Notice of Termination of Garnishment (Form 20R) on the Garnishee and on the Court Clerk to stop the garnishment proceedings. At Legacy Legal Services LLP™, we ensure that you navigate these processes efficiently and protect your interests every step of the way.
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:
Notice Once Order Satisfied
20.08 (20.2) Once the amount owing under an order that is enforced by garnishment is paid, the creditor shall immediately serve a notice of termination of garnishment (Form 20R) on the garnishee and on the clerk.
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.
NOTE: A considerable volume of online searches featuring “lawyers near me” or “best lawyer in” typically indicates a necessity for prompt and competent legal assistance rather than a particular designation. In Ontario, the Law Society that governs lawyers also regulates licensed paralegals, who are permitted to represent clients in specified litigation issues. Essential to this function are advocacy, legal analysis, and procedural expertise. Legacy Legal Services provides legal representation within its authorized mandate/scope, focusing on strategic positioning, evidentiary preparation, and effective advocacy aimed at securing timely and advantageous resolutions for clients.
