Wage garnishment and the 20% limit

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The answer

You can garnish wages to collect a judgment, up to a hard limit: 20% of net wages. The law makes 80% of wages exempt from seizure or garnishment. For a support or maintenance order, the exemption is 50%.

How wage garnishment works

1. Learn where the debtor works. A Notice of Examination (Form 20H) makes the debtor answer questions about assets. The fee is $68.
2. Complete the Affidavit for Enforcement Request (Form 20P).
3. Ask the clerk to issue a Notice of Garnishment (Form 20E). The fee is $144.
4. Serve the notice on the employer with a blank Garnishee's Statement (Form 20F). Serve the debtor with your Form 20P affidavit within 5 days after that.
5. The employer pays the garnishable part of each wage payment to the clerk within 10 days after it becomes payable. The clerk pays you: the first payment 30 days after receipt, later payments as they come in.
6. A garnishment lasts 6 years. Renew it with Form 20E.1.

The 20% math

Net wages of $4,000 a month give at most $800 a month to a garnishment. "Net wages" means wages after the deductions the law makes the employer take. A judge can lower the exemption on the creditor's motion, or raise it on the debtor's motion. The 20% limit is for wages. A bank account garnishment attaches the money the bank owes the debtor, up to the amount in the notice. The debtor, the bank, or a co-owner of the account can ask for a garnishment hearing.

Deadlines and fees

• Notice of Garnishment (Form 20E): $144 to issue or renew.
• Notice of Examination (Form 20H): $68.
• A garnishment lasts 6 years; renew with Form 20E.1.
• Postjudgment interest adds 4.0% in 2026.

Common mistakes

• Do not garnish before you know the employer. Do the examination first.
• Do not expect more than 20% from wages.
• Do not let the garnishment expire. Renew before the 6 years pass.
• A self-employed debtor has no wages. You can garnish debts that their clients owe them instead.

When to get a lawyer

Get legal advice if the debtor hides income, or disputes the garnishment at a hearing. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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