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Bankruptcy

Hi there,
Can creditors request court order to garnish an income from commission earned of a real estate agent? If so, how is it determined? Thanks!

Posted from: Ontario

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One Response to “Bankruptcy”

A licensed trustee said...

Yes, they most certainly can. In fact, the creditor might persuade the Court that you are a self-employed person (instead of an employee) in which case they may garnishee up to 100% of your commissions.

In order to do this your creditor(s) must obtain a judgment against you. In order to obtain a judgment you should receive notice of the legal action so that you may present your side of the argument in Court.

If you’ve already been served with the Court documents or if you already have a judgment agaisnt you then you might want to speak to a trustee right away about your options. Once the judgment is in place, an order allowing a garnishee usually follows in a couple of weeks…