WAGE GARNISHMENT IN ONTARIO
As inflation continues to rise, many people are struggling to stay afloat. Are you falling beyond on debt payments? Are your wages at risk of being garnished? While this can be very stressful, it’s important to know that help is available. The licensed insolvency trustees at D. & A. MacLeod Company Ltd. offer various personal debt services for customers across Ontario, including consumer proposals and personal bankruptcy.
We can help you stop all creditor actions, including wage garnishment. We’re based in Ottawa, with several locations across Eastern Ontario from which to serve you. Contact us today to arrange a free, no-obligation consultation.
WHAT IS WAGE GARNISHMENT?
A wage garnishment is a legal proceeding requested by a creditor that allows them to seize a portion of your earnings directly from your paycheque (before you get paid). This money is then used to pay back the debt you owe.
Wage garnishment is a common method that can be employed by any type of creditor that’s lawfully owed money, including banks, credit card companies, and government agencies. This action is usually taken as a last resort if you continually ignore creditor phone calls and demand letters.
If you’re unemployed, your wages can’t be garnished. However, creditors can claim the funds they’re owed by garnishing your termination or severance package from your former employer or taking money directly from your bank account.
HOW TO STOP WAGE GARNISHMENT
Declaring personal bankruptcy or filing a consumer proposal can immediately stop a creditor from taking further collection actions against you. Only a licensed insolvency trustee (LIT) can legally file these proceedings in Canada.
Filing a consumer proposal allows you to negotiate a repayment plan with your creditors. You may be eligible, depending on your personal situation, to be able to reduce your debts by up to 80 percent of your unsecured debt, leaving you with a more manageable balance to repay for up to five years.
Filing for personal bankruptcy allows you to eliminate up to 100 percent of your unsecured debt, including payday loans and tax payments, giving you a fresh start. However, depending on your net family income, you may be required to make payments (known as surplus payments) if your based on government guidelines. If you have any non-exempt assets, you may be permitted to buy back the amount calculated as owing, or assist the Trustee in realizing the non-exempt assets.
The longer you wait to deal with a wage garnishment, the more money you’ll lose from each of your paycheques. When you reach out to D. & A. MacLeod Company Ltd., a licensed insolvency trustee, the experienced staff will assess your situation and make recommendations as to the appropriate course of action to help you get back on track financially for your consideration.
Wage Garnishment Assistance in Ottawa & Through Virtual Appointments Across Ontario
Ready to stop the wage garnishment order that’s been putting stress on you and your family? The professionals at D. & A. MacLeod Company Ltd. can help. Our licensed insolvency trustees (LITs) provide various debt relief solutions, including personal bankruptcy, to help you find a new beginning™.
Our virtual assistance helps customers across Ontario who need assistance filing a consumer proposal.
Contact us today to learn more or schedule a free consultation. We have offices in Ottawa, Brockville, Cornwall, Kanata, Kingston, Pembroke, and Smiths Falls to meet you in person.
LAWS IN ONTARIO
According to the Ontario Wages Act, a creditor can garnish:
up to 20 percent of your wages
up to 50 percent for child and spousal support.
based on your budget, income, expenses, and other financial obligations.
In most cases, a creditor must first sue you in court to obtain a judgment order validating how much debt you owe. You then have 21 days to dispute the claim or notify the creditor of a mistake on your account. If you fail to respond, the court will award your creditor a garnishment order. However, certain creditors don’t have to go to court to garnish your wages, including:
A credit union where you’ve signed an assignment of wages agreement on a loan
A payday loan company where you’ve signed a voluntary wage assignment
The Canada Revenue Agency
Canada Pension Plan (CPP), Old Age Security (OAS), Guaranteed Income Support (GIS) and Employment Insurance (EI) payments are exempt from garnishment by non-government creditors.