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Garnishment Hearing Procedures:
Court Review of Various Concerns Relating to Garnishment
Last Updated: August 25 2026
Question: How do I request a garnishment hearing in Ontario Small Claims Court if I was served a notice of garnishment hearing?
Answer: Woodcock Legal Services can help you understand and act on a garnishment hearing request in Ontario Small Claims Court, including who may ask for the hearing, how to serve the Notice of Garnishment Hearing (Form 20Q), what the judge can do at the hearing, and key deadlines like the 30-day limit to dispute after receiving a co-owner of debt notice. Under Rules of the Small Claims Court, O. Reg. 258/98, Rule 20.08(15) to Rule 20.08(16), you generally request the hearing by getting the clerk to fix a time and then serving Form 20Q on the proper persons per the service rules. If you need to vary or suspend periodic payments, challenge the garnishee’s rights and liabilities, or address other issues tied to the garnishment order, call (613) 334-6721 to book professional legal services in Ontario.
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Reviewing Garnishment Concerns
A Garnishment Hearing may be held for the purpose of addressing disputes arising from a garnishment issue of concern as relating to a Creditor, a Debtor, a Garnishee, a Co-Owner of Debt, or any other person with a genuine legal interest.
The request for a Garnishment Hearing, regardless of the person with standing seeking to initiate the hearing, occurs by issuing and the Notice of Garnishment Hearing (Form 20Q) and serving the Notice of Garnishment Hearing (Form 20Q) upon all proper persons. As above, the persons who may have proper standing to initiate a Garnishment Hearing, and the purpose of the hearing may vary. Specifically, the persons who may initiate a Garnishment Hearing, the purpose of the Garnishment Hearing, and the powers of a Judge at a Garnishment Hearing, are addressed by the Rules of the Small Claims Court, O. Reg. 258/98, wherein it is stated:
Garnishment Hearing
20.08 (15) At the request of a creditor, debtor, garnishee, co-owner of the debt or any other interested person, the clerk shall fix a time and place for a garnishment hearing.
Service of Notice of Garnishment Hearing
(15.1) After having obtained a hearing date from the clerk, the party requesting the garnishment hearing shall serve the notice of garnishment hearing (Form 20Q) in accordance with subrule 8.01 (9).
Powers of Court at Hearing
(15.2) At the garnishment hearing, the court may,
(a) if it is alleged that the garnishee’s debt to the debtor has been assigned or encumbered, order the assignee or encumbrancer to appear and state the nature and particulars of the claim;
(b) determine the rights and liabilities of the garnishee, any co-owner of the debt, the debtor and any assignee or encumbrancer;
(c) vary or suspend periodic payments under a notice of garnishment; or
(d) determine any other matter in relation to a notice of garnishment.
Time to Request Hearing
(16) A person who has been served with a notice to co-owner of debt is not entitled to dispute the enforcement of the creditor’s order for the payment or recovery of money or a payment made by the clerk unless the person requests a garnishment hearing within 30 days after the notice is sent.
Conclusion
A Garnishment Hearing may e used for various purposes including to vary the sum payable in the garnishment of wages, to determine the rights and duties of a garnishee including the seeking of a garnishment absolute Order against a Garnishee, among other things.
NOTE: A considerable amount of online searches, such as “lawyers near me” or “best lawyer in,” typically indicate a desire for prompt and competent legal assistance rather than a precise job title. In Ontario, licensed paralegals are regulated by the same Law Society that governs lawyers and are permitted to represent clients in specified litigation issues. Skills in advocacy, legal analysis, and procedure are vital to this role. Woodcock Legal Services provides legal representation within its licensed framework, focusing on strategic positioning, evidentiary preparation, and effective advocacy aimed at securing timely and beneficial outcomes for clients.
