Connecting You with Trusted Licensed Insolvency Trustees – We’re Here to Guide, Not Decide. Learn More

Free Consultation

is it possible for a creditor to obtain a wage garnishment without taking me to court

Other than Revenue Canada, is it possible for a creditor to obtain a wage garnishment without taking me to court. ie what would the process be – do i get notified to go to court? and can creditors do it without notifying me?

One Response to “is it possible for a creditor to obtain a wage garnishment without taking me to court”

Barton Goth, GCO Inc. Bankruptcy Trustees said...

There are only 2 ways regular creditors (i.e. not Canada Revenue Agency) can implement something similar to a garnishee. The first is if you have voluntarily made a wage assignment (i.e. given the creditor the right to contact your employer and take funds directly from your pay cheque) and the second is if you owe money to the bank you are currently banking at, they have the right of set-off, meaning at any time, without notice to you they can take funds directly from your account and use them to pay outstanding loans (very similar to a garnishment of a bank account.