Termination of Garnishment:

Question: When a Small Claims Court garnishment in Ontario has been fully paid, what must the creditor do to stop the garnishment immediately?

Answer: Once the judgment is satisfied, Ontario’s Small Claims Court rules require the creditor to immediately serve a Notice of Termination of Garnishment (Form 20R) on the garnishee and the court clerk to prevent overpayment and end further deductions; if you’re still being garnished after payment or need help enforcing this step, SFG Paralegal Services LLP provides Paralegal support across Ontario, so call (888) 398-0121 for fast, cost-effective help.

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.