How much of someone's wages can I garnish in Canada?
It depends on the province. Ontario's Wages Act protects 80% of wages, leaving about 20% garnishable. British Columbia and Manitoba exempt roughly 70%, and Alberta and Quebec exempt a basic monthly amount (increased for dependants) and allow a percentage of the excess. Courts can adjust these amounts on a debtor motion showing hardship.
How long does it take to collect a judgment by garnishment?
It depends on how much is garnishable each pay period. Dividing the total owed by the garnishable amount per paycheque gives the number of pay periods. A large judgment against a modest income can take many months or years, which this calculator estimates for you.
Can wages be fully exempt from garnishment?
Yes. If the debtor's income is at or below the protected exemption level — for example the basic monthly amount in Alberta or Quebec — there may be nothing garnishable. Social assistance and many government benefits are also exempt from garnishment.
Do I need a court order to garnish wages?
Yes. After obtaining judgment you must file a garnishment (a notice of garnishment or garnishing order) with the court and serve it on the debtor's employer, who then remits the garnishable portion to the court. The exact form and process vary by province.