Termination of Garnishment:

Question: How can a Paralegal help me stop a Small Claims Court garnishment once the judgment has been fully paid?

Answer: If you are in Ontario and the creditor has already received full satisfaction of the judgment, the creditor must immediately stop the garnishment by serving a Notice of Termination of Garnishment (Form 20R) on the garnishee and the court clerk, so carefully track the judgment balance and request confirmation the termination was processed correctly; a Paralegal from DefendCharges.ca™ can guide you through what to ask for, what paperwork to review, and how to reduce overpayment risk across Ontario, or if needed help you take the next steps to move things along by calling (647) 559-3377.  

Cessation of Garnishment Upon Satisfaction of Judgment

After a Creditor has received full satisfaction of the Judgment, the Creditor must, “immediately”, initiate termination of the garnishment proceedings by serving Notice of Termination of Garnishment (Form 20R) upon the Garnishee and on the Court Clerk.

The Creditor, for plain and obvious reasons of fairness, being to ensure avoidance of overpayment, is required keep careful watch upon the balance owing against the Judgment.  As above, when the Judgment is satisfied, the Creditor must "immediately" bring the garnishment to a stop.  In this regard, the Rules of the Small Claims Court, O.  Reg. 258/98, state:

Conclusion

The Creditor holds the duty to keep proper track of the balance due against the Judgment and to initiate the administrative process of ceasing the garnishment procedures.