Garnishee’s Statement (Form 20F) – Rules of the Small Claims Court Forms – Ontario Court Services

The Garnishee’s Statement (Form 20F) is a legal document used in the Ontario Superior Court of Justice, specifically within the Small Claims Court. This form is utilized by a garnishee, an entity or individual who is holding assets or funds owed to a debtor, in response to a Notice of Garnishment. The purpose of the form is to provide the court with detailed information about the garnishee’s obligations and any payments made or expected to be made to the debtor. This document ensures transparency and proper legal procedure in the garnishment process, providing the court with the necessary details to oversee the enforcement of debts.

Filling out Form 20F correctly is crucial for ensuring compliance with the court’s requirements. Follow these steps to complete the form accurately:

Court Information

• Address and Phone Number: Fill in the address and phone number of the Small Claims Court handling the case.
• Claim Number: Enter the claim number assigned to the case.
• Garnishment Number: Enter the garnishment number provided by the court clerk.

Parties Involved

• Creditor(s): Write the full legal name(s) of the creditor(s) involved in the garnishment.
• Debtor(s): Write the full legal name(s) of the debtor(s) involved in the garnishment.
• Name of Garnishee: Enter the full legal name of the Garnishee (the person or entity completing this form).

Notice of Garnishment

• Date of Notice: Fill in the date when the Notice of Garnishment was issued.

Garnishee’s Declaration

• No Amount Owed: If you do not owe and do not expect to owe any amount to the debtor as stated in the Notice of Garnishment, check this section and provide the reason(s) why.
• Amount Owed: If you owe or will owe the debtor, provide the details:
  • Wages or Periodic Payments: State the amount(s) and the frequency of payments. For wages, include the gross amount (before deductions) and the net amount (after deductions). Attach a copy of the pay slip if applicable.
  • Lump Sum: If you owe a lump sum, state the amount and the expected payment date.

Co-owners of the Debt

• Co-owner(s) Information: If the debt is owed to the debtor and co-owners, provide the full legal names and addresses of all co-owners.

Multiple Garnishments

• Other Notices of Garnishment: If you have been served with other notices of garnishment against the debtor, provide the details:
  • Name of Creditor
  • Name of Issuing Court
  • Location of Court or Sheriff’s Office
  • Date Notice of Garnishment Received

Dispute Notice

• Dispute Intention: If you intend to dispute the garnishment, indicate your plan to complete and serve a Notice of Garnishment Hearing (Form 20Q) on the creditor, debtor, and any co-owners, and file it with the court clerk.

Signature and Contact Information

• Signature: The form must be signed by the garnishee or their representative.
• Contact Information: Provide the address, phone number, and fax number of the garnishee or representative.

Notes and Instructions

• For Garnishee: The garnishee must serve a copy of the completed Garnishee’s Statement on both the creditor and the debtor, and file it with the court.
• For Creditor: The creditor who receives the Garnishee’s Statement must forward it to any co-owners of the debt along with a Notice to Co-owner of Debt (Form 20G).

Additional Information

• Electronic Version: An electronic version of this form can be obtained from the Ontario Court Forms website at www.ontariocourtforms.on.ca.
• Accessible Formats: The form is available in accessible formats on the Ontario Court Forms website.

By following these steps, you ensure that the Garnishee’s Statement is completed accurately and in compliance with legal requirements. If you have any questions or need further assistance, consider consulting a legal professional.