Termination of Garnishment:

Question: If my small claims judgment is fully paid, how do I stop a garnishment in Ontario?

Answer: Woodcock Legal Services can help you stop garnishment once the judgment is satisfied by ensuring the creditor immediately serves a Notice of Termination of Garnishment (Form 20R) on the garnishee and on the court clerk, and by confirming the balance owing is fully paid to avoid overpayment; per Rules of the Small Claims Court, O. Reg. 258/98, 20.08(20.2), “Once the amount owing under an order that is enforced by garnishment is paid, the creditor shall immediately serve a notice of termination of garnishment (Form 20R) on the garnishee and on the clerk.”   Call (613) 334-6721 for professional legal services with fast, practical next steps.

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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.