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What You Need To Know About Wage Garnishment this 2022

Garnishment or wage garnishment is a process of legally withholding a portion of your money from your paycheque and sent to a third party.

As a debt relief provider, we are consistently asked by clients who have questions about wage garnishment. Read this article to have a full understanding of how wage garnishment works in Canada and what you can do to stop it.

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How Wage Garnishment Works

Also referred to as wage assignment or attachment, wage garnishment is a legal court action or order that allows creditors to collect money from debtors by seizing part of their income.

The amount of salary that can be garnished can depend on the province.

  • In most cases, 30% of your net income may be garnished (this varies by province)
  • The limit of how much a creditor can garnish will depend on the Province you are living in.
  • CRA doesn’t have a limit on how much they are allowed to garnish
  • Government support income like CPP, OAS, GIS, and EI are exempted and can’t be garnished.
  • 100% income earned through self-employment may be garnished.

Additionally, creditors may also be able to collect money by seizing from the following sources of income including:

  • Bank Accounts
  • Income Tax Refunds
  • GST/HST credits
  • Investment Proceeds
  • Rent or Lease payments
  • Insurance Claim proceeds

Wage garnishment can be undertaken by any lender as long as they follow the necessary process.

  • company or individual you owe money to.
  • Common creditors such as financial institutionsbankscredit card providers, and their respective collection agencies.
  • Canada Revenue Agency which functions as a tax agency for several government programs such as CERB, EI, Taxpayer Debts, Canada Student Loan.

Steps Your Creditor Has to Go Through to Perform Wage Garnishment

Wage garnishment doesn’t happen overnight, creditors can’t just simply start taking money from your income.

1. Before a Creditor garnishes your wages, they will need two court orders. The first order is a “court judgment” that you owe the creditor the debt. This is also called payment order.

2. The next step is for the Creditor to get a garnishing order which will require a third party (your employer) to make payments to the creditor. This will be a repeated process every pay period until the debt is paid.

3. Your employer’s payroll department will receive the garnishing order from the court directing them to withhold the portion of your salary and remit it to the court. This is the moment you just learn that wage garnishment is starting and you have little time to react.

4. The creditor will then apply to the court to receive your money being held there from your salary.

If you are a self-employed individual, you can receive wage garnishment. Instead of sending wage garnishment to the employer, the court may instead send the order to your client directly.

How CRA Performs Wage Garnishment

Unlike other creditors, Canada Revenue Agency is a powerful government agency that can collect money from your employer without a court judgment or court order.

CRA can send notice to your client or employer without obtaining a court order to start a wage garnishment. The money you owe to CRA will not be withheld in court, rather it will be sent directly to CRA by your employer.

A notice to pay or requirement to pay issued by Canada Revenue Agency may be applied to your earnings, including salariesbonusesallowances, and other payment types in respect to your service.

How to Stop Wage Garnishment

You have 3 options to stop wage garnishment, depending on the situation – your options will vary.

1. Appeal to the court to set aside court judgment and garnishing order if you can prove that it is causing you severe financial hardship.

2. Renegotiating a payment arrangement with your creditor.

3. Applying for the Debt Consolidation Program. (Best Option)

If you have over $10,000 worth of debt and experiencing wage garnishment, don’t panic – there is a solution. We are Canada’s trusted partner in debt and hardship relief. We helped thousands of Canadians get out of debt and get rid of wage garnishment.

We provide 100% free consultation, no risk, no obligation, and no commitments. This can be done in the safety of your home via zoom or phone call.

With our government-approved debt consolidation program, you can stop wage garnishment including collection activities performed by CRA. It will also help stop interestscollection calls, and asset seizure. Our team of friendly debt consultants will help you create a personalized debt savings plan that can eliminate or reduce debt by up to 50%-75%.

Learn more about the best experiences and reviews from our clients at this link.

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Jennifer Chenier
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I was lost ... single mom... off due to Covid for 3 months .. did what it took to pay bills and look after my kids... and left with nothing but a tonne of debt I could not keep up with 😢. And then ....I met Connie.. Connie gave me my life back. The entire experience was like talking to my mother. She was full of compassion and knowledge and took me under her wing for this entire process. She turned tears into smiles and hope . She reassured me.. and made me feel like it was Going to be ok. I can’t thank her and the team (Paul) enough for helping me through this . I highly recommend National Debt Services to anyone looking for help with their debt . Start living again ❤️. Thanks Connie Jen
Katherina Preston
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"So glad I finally had the courage to make the call" Suma was amazing.. she guided me through my options and got the answers to all my questions. By the end of our very first phone conversation I had hope again...finally...no more sleepless nights worrying my debt ....Thank you National Debt Relief Services
Chris V
Chris V
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I would just like to thank Suma for really making feel comfortable throughout this entire process. Everyone tells you to watch out for gimmicks, quick fixes, and everything else that comes with Debt. Ive had other companies who had made promises and under delivered. However Suma and her team are quick to provide the right answers and guide everyone in a way towards better credit. She has made it seamless with great communication and availability. I have personally referred her to several of my closest friends and i would recommend her to anyone else looking for consolidation.
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Frequently Asked Questions

A Debt Consolidation is a negotiated debt settlement offer made between you and your creditors with the help of a Debt Relief Agency in Ontario. Some key benefits of Debt Consolidation are interest-free program, no upfront fee required, combined monthly payment into one affordable amount, no lawsuits, and many more.

Yes, your assets are safe from creditors. A licensed debt relief agency in Ontario will help you come up with an offer to your creditors that will make sure your assets will be out of the paper.

No, in fact, this is one of the great advantages of a Debt Consolidation Program. All wage garnishment will stop from the day you filed the proposal.

The effect on your credit score is not going to be severe. Your credit score will most probably go to R7 Rating and will remain in your credit report for another 3 years after you completed the program. This means that it will not be permanent and you will still be able to rebuild your credit score.

 

This varies depending on the proposal you will be discussing with the help of a certified debt relief agency. It is also worth noting that debt consolidation cannot exceed more than 5 years.

If a debt is shared, you need to file a joint debt consolidation offer to your creditors. However, in most cases, in which the debts are individually incurred will have no impact on your spouse.

After three missed payments, your debt arrangement with creditors will be broken and you will end up getting chased again for the original debt amount plus interest.

A debt consolidation offer can be paid off earlier if you can. In this way, you receive your “Certificate of Completion” sooner and you can immediately start rebuilding your credit score. 

National Debt Relief Services Ontariois a certified Canadian Debt Relief Agency that offers FREE CONSULTATION to your debt consolidation needs. We value the trust given to us by our clients by making sure your personal information is confidential and private. Our personalized plans are designed to tailor fit your financial capacity. Our specialists will get in touch with you by simply answering a few questions thru the link provided below.

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Joel has made this so simple and effortless he made sure i was well informed and making the right decisions for my situation i would recommend joel at national dept Relief to anyone in hardship with there bills thanks alot joel i really appreciate everything you have done for me thanks!! 5 stars for sure! and its chad ball not my mom lynn lol
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Let’s Just Put It Simple....... Not All Hero's Wear Caps........I spoke with Suma over a fairly lengthy period of time because of my busy schedule and lack of free time on my part, and she was not only extremely patient and understanding, but also beyond helpful And informative. Any question I had and no matter how many times she had to explain it to me she took her time to make sure I completely understood every single step and process before she moved on to the next thing. I have been so stressed out and worked up about my debt and trying to figure out how to fix it all since I know I will not be returning to work at all in the future because of medical issues and being 26 with that realization makes things just that more stressful but Suma made everything so easy and my payments are $100 a month for less then 5 years with no interest or penalties for early pay off. I’m so glad that I didn’t settle with some other place that was asking for $350 + a month for 7-12 years and paying off early would cost you more.
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Caroline F. was phenomenal, she was so helpful, understanding and compassionate. Caroline did not make me feel bad for my mistakes, she was supportive and caring, she helped me through this dark time in my life I'm so incredibly happy I crossed paths with her. Thank you Caroline for being so wonderful to me! <3

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