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If you are a debtor and you neglect to pay your debts, your creditors have the right to obtain a wage garnishment from the court.
To have your wages garnished, your creditor will need to take you to court, sue you, and obtain a garnishment order from the court. Exceptions include a Credit Union that you have given an assignment of wages, or Canada Customs and Revenue Agency.
A creditor is very unlikely to lift the garnishment even if you promise to pay. After all, they’ve already gone through enough trouble having the wages garnished, and they probably believe you are unlikely to pay. Creditors do not garnish the wages of those who have a history of paying.
There are three different ways to stop garnishment once its begins:
- Repay the debt.
- File a consumer proposal.
- File bankruptcy.
It is the court that will decide how much is garnished from your wages.
If you are having your wages garnished, or believe you soon will be, please contact us immediately. Our licensed bankruptcy trustees will meet with you to outline your available options. Your situation is not going to get any better the longer you wait. You need to take care of the problem as soon as possible.
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