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A Garnishee Order is a legal tool that lets creditors collect money they're owed by taking it directly from a third party who has funds belonging to the debtor. In Canada, this often means tapping into someone's wages through their employer or accessing their bank accounts.

Courts issue these orders after a creditor wins their case and proves the debt exists. The garnishee (usually an employer or bank) must then legally redirect the specified funds to the creditor instead of the debtor. Common examples include collecting unpaid child support or tax debts through the Canadian Revenue Agency's collection powers.

A Garnishee Order becomes necessary when regular debt collection attempts have failed and you know the debtor has reliable income or assets held by others. This legal tool works especially well for collecting unpaid child support, tax debts, or court-ordered payments in Canada when you can identify the debtor's employer or financial institution.

Consider pursuing a Garnishee Order after confirming the debt through a court judgment and discovering that direct collection methods aren't working. It's particularly effective when dealing with employed debtors or those with steady income streams, as it allows direct access to wages or bank accounts before the debtor can access these funds.

• Continuous Garnishment Orders: Target ongoing income sources like salary or wages, automatically collecting a portion of each paycheck until the debt is settled
• One-Time Bank Garnishments: Seize a specific amount from bank accounts or other financial holdings in a single transaction
• Federal Payment Garnishments: Intercept government payments like tax refunds or benefits through specialized federal garnishment procedures
• Family Support Garnishments: Used specifically for collecting child or spousal support, these often take priority over other garnishment types
• Crown Debt Garnishments: Special orders used by government agencies to collect tax debts or other amounts owed to the Crown

• Creditors: Initiate the garnishment process after obtaining a court judgment, including businesses, individuals, or government agencies seeking to collect debts
• Courts: Review and issue Garnishee Orders, ensuring legal requirements are met and proper procedures followed
• Garnishees: Usually employers or banks who must comply by redirecting funds from the debtor to the creditor
• Debtors: The individuals whose wages or assets are subject to garnishment, entitled to certain legal protections and exemptions
• Legal Representatives: Lawyers who help creditors obtain and enforce orders, or assist debtors in responding to garnishment actions

• Court Judgment Details: Gather the original court order, case number, and judgment amount that establishes the debt
• Debtor Information: Collect full legal name, address, and employment details or banking information where funds will be garnished
• Garnishee Details: Document the employer's or financial institution's legal name, address, and contact information
• Payment Calculations: Determine exact amounts to be garnished, considering provincial exemption limits and priority rankings
• Document Generation: Use our platform to create a legally compliant Garnishee Order that includes all required elements and proper formatting

• Court Information: Full case details, including court file number, jurisdiction, and presiding judge's name
• Party Details: Legal names and addresses of creditor, debtor, and garnishee with proper identification
• Debt Specifications: Exact amount owed, interest rates, and payment schedule details
• Garnishment Terms: Clear instructions on payment amounts, frequency, and duration of the order
• Legal Authority: Reference to relevant provincial garnishment legislation and court rules
• Exemption Notice: Statement of debtor's rights and protected income amounts under provincial law
• Compliance Instructions: Specific directions for the garnishee on payment processing and reporting

A Garnishee Order differs significantly from a Restraining Order in both purpose and effect, though both are court-issued directives. While a Garnishee Order focuses on debt collection by intercepting funds, a Restraining Order aims to protect individuals by restricting another person's actions or contact.

• Legal Purpose: Garnishee Orders facilitate debt collection through third parties, while Restraining Orders prevent harmful conduct or contact between parties
• Enforcement Method: Garnishee Orders work through financial institutions or employers, whereas Restraining Orders are enforced by law enforcement
• Duration: Garnishee Orders typically remain active until a specific debt amount is collected, while Restraining Orders often have fixed time periods with options for renewal
• Required Evidence: Garnishee Orders need proof of debt and judgment, while Restraining Orders require evidence of threat or harassment