Ontario Court | Legal Case – Notice of Garnishment (Form 20E) – Rules of the Small Claims Court Forms

Notice of Garnishment (Form 20E) – Rules of the Small Claims Court Forms – Ontario Court Services

The “Notice of Garnishment” (Form 20E) is a legal document issued by the Ontario Superior Court of Justice, specifically within the Small Claims Court. This form is utilized to inform a garnishee (an individual or entity that owes money to a debtor) that they are required to pay any debts owed to the debtor directly to the court, which will then forward the payments to the creditor. This process is a method of enforcing a judgment where the court has determined that a debtor owes money to a creditor.

The form also includes instructions for enforcing a judgment through garnishment, steps for filing and serving the notice, and details on how to terminate the garnishment once the debt has been fully paid. This document is essential for creditors seeking to recover debts through the legal system by intercepting payments owed to the debtor by third parties.

This guide provides step-by-step instructions on how to complete the form correctly.

Court Information

1. • Claim No.: Enter the claim number assigned by the court.
   • Garnishment No.: Leave this blank; it will be assigned by the clerk.
   • Address: Provide the address of the Small Claims Court handling the case.
   • Phone Number: Enter the phone number of the Small Claims Court.

Creditor Information

1. • Last Name or Name of Company: Enter the last name of the individual creditor or the name of the company.
   • First Name and Second Name: If applicable, enter the first and second names of the individual creditor.
   • Also Known As: If the creditor is known by another name, include it here.
   • Address: Provide the complete address (street number, apartment/unit, city/town, province, postal code) of the creditor.
   • Phone Number: Enter the phone number of the creditor.
   • Email Address: Provide the email address of the creditor.
   • Representative: If the creditor has a legal representative, enter the representative’s name and Law Society of Ontario number.
   • Representative’s Address and Contact Information: Provide the address, phone number, and email address of the representative.

Debtor Information

1. • Last Name or Name of Company: Enter the last name of the individual debtor or the name of the company.
   • First Name and Second Name: If applicable, enter the first and second names of the individual debtor.
   • Also Known As: If the debtor is known by another name, include it here.
   • Address: Provide the complete address (street number, apartment/unit, city/town, province, postal code) of the debtor.
   • Phone Number: Enter the phone number of the debtor.
   • Email Address: Provide the email address of the debtor.

Garnishee Information

1. • Last Name or Name of Company: Enter the last name of the individual garnishee or the name of the company.
   • First Name and Second Name: If applicable, enter the first and second names of the individual garnishee.
   • Also Known As: If the garnishee is known by another name, include it here.
   • Address: Provide the complete address (street number, apartment/unit, city/town, province, postal code) of the garnishee.
   • Phone Number: Enter the phone number of the garnishee.
   • Email Address: Provide the email address of the garnishee.

Garnishment Details

1. • Garnishment Issuing Court: Enter the name of the Small Claims Court issuing the garnishment.
   • Amount Unsatisfied: Enter the total amount of the debt that remains unpaid.
   • Date: Leave the date field blank; it will be completed by the clerk.

Signature

1. • Signature of Clerk: This section is for the court clerk to sign and date.

Garnishee’s Payment Notice

1. • Court Address: Enter the address of the Small Claims Court.
   • Claim No.: Enter the claim number.
   • Garnishment No.: Leave this blank; it will be assigned by the clerk.
   • Creditor: Enter the name of the creditor.
   • Debtor: Enter the name of the debtor.
   • Garnishee: Enter the name of the garnishee.
   • Date of Payment: Leave this blank; it will be completed by the garnishee for each payment.
   • Amount Enclosed: Leave this blank; it will be completed by the garnishee for each payment.

Additional Instructions

• Serving the Notice
  • Serve the Notice of Garnishment on the debtor along with an Affidavit for Enforcement Request (Form 20P).
  • Serve the Notice of Garnishment on the garnishee along with a blank Garnishee’s Statement (Form 20F).
• Filing and Serving
  • Follow the Small Claims Court procedures for filing and serving documents. Refer to the Small Claims Court “Guide to Serving Documents” available online or at the court office.
• Termination of Garnishment
  • Once the judgment has been paid in full, serve a Notice of Termination of Garnishment (Form 20R) on the garnishee and the court clerk.

Following these steps carefully will ensure that the Notice of Garnishment is filled out correctly and processed efficiently by the court.