Can You Garnish Someone's Wages After Winning a Lawsuit in Ontario?

Winning a lawsuit can feel like the finish line, but in Ontario it is often just the start of a new process. A court judgment tells you that you are legally owed money, but it does not automatically put that money in your bank account. If the other side does not pay voluntarily, you may need to take additional steps to collect what you are owed, and wage garnishment is one of the tools that may be available. Below is a general overview of how this tends to work and what may be involved.

A Judgment Does Not Mean Automatic Payment

Many people assume that once a judge rules in their favour, the money simply arrives. In reality, a judgment is really just a legal confirmation that a debt is owed. Actually collecting that debt is a separate step, sometimes called enforcement, and it usually falls on the person who won the case to take further action if the other side does not pay on their own. Depending on the facts, some people pay once they receive the judgment, but many do not, whether because they cannot afford to, do not want to, or are simply hoping the other side gives up.

What Is Wage Garnishment?

Wage garnishment is a process that may allow a portion of a debtor's wages to be redirected toward paying off a judgment, generally through their employer. Instead of the debtor paying you directly, their employer may be required to withhold a portion of their pay and send it toward the debt. This is one of several enforcement tools that may be available in Ontario, and whether it is a good option can depend on things like whether the debtor is employed, how much they earn, and other details specific to the situation.

Getting the Process Started

Before wages can be garnished, you generally need to have a judgment in your favour and take steps through the court to begin the enforcement process. This may involve filing certain paperwork with the court and providing information about the debtor's employer. Because the debtor's wages are involved, you usually need to know where they work, which is not always something you have on hand, particularly if the other side is not cooperating.

This is one of the reasons enforcement can end up being more time consuming than people expect. Locating a debtor's employer, bank accounts, or other assets may take some digging, and there is no guarantee this information will be easy to find.

Limits on How Much Can Be Garnished

Wage garnishment in Ontario is not unlimited. There are rules that may protect a portion of a debtor's income, so that garnishment does not leave them without enough to live on. The specific amount that can be garnished may depend on the type of debt and other factors, and this can change over time, so it is a good idea to confirm current limits before assuming how much may be collected. This also means that garnishment may take a while to fully satisfy a judgment, especially for larger amounts.

What If the Debtor Is Not Employed or Changes Jobs

Garnishment generally depends on the debtor having a job that can be garnished. If someone is self employed, unemployed, or paid in ways that are harder to track, wage garnishment may not be effective, or may need to be paired with other enforcement steps. Debtors sometimes change jobs during this process as well, which may mean starting the garnishment process again with a new employer. This does not mean collection becomes impossible, but it may mean the process takes longer or requires more than one approach.

Other Enforcement Options

Wage garnishment is only one enforcement tool among several that may be available in Ontario. Depending on the situation, other options might include garnishing a bank account, placing a lien against property, or pursuing a writ of seizure and sale against certain assets. Which option, or combination of options, makes sense may depend on what the debtor has, what can realistically be located, and the size of the judgment. A lawyer can help you think through which enforcement route may fit your specific situation.

Why Enforcement Can Take Time

It is common for people to expect that enforcement will be quick once a judgment is in hand, but this is not always the case. Between locating the debtor's employer or assets, filing the right paperwork, and waiting for payments to come through gradually, collecting on a judgment can take months or longer in some cases. Some debtors also actively try to avoid payment, which may add further delay. Being prepared for this reality from the outset may help manage expectations.

What This Means for You

If you have won a lawsuit in Ontario and the other side has not paid, it may help to think about what you know regarding their employment, assets, and financial situation, since this can affect which enforcement tools may be realistic. Wage garnishment can be a useful option in the right circumstances, but it is not guaranteed to work in every case, and the process usually takes some effort and patience. Every situation is different, and it is generally a good idea to have your specific circumstances reviewed before deciding how to proceed with collecting on a judgment.

Frequently Asked Questions

Q: Does winning my case mean I will automatically get paid?

A: Not necessarily. A judgment confirms the debt is owed, but you may need to take further enforcement steps, such as wage garnishment, if the other side does not pay on their own.

Q: How do I find out where the person who owes me money works?

A: This can vary depending on the situation. In some cases you may already know, while in others locating this information can take some effort. Speaking with a lawyer may help you understand what options are available for this.

Q: Is there a limit to how much of someone's wages can be garnished?

A: In many cases, yes, there are rules that may protect a portion of a debtor's income. The exact amount can depend on the type of debt and other factors, so it is worth confirming current rules before relying on a specific figure.

Q: What if wage garnishment does not fully cover what I am owed?

A: Depending on the facts, you may need to consider other enforcement options alongside or instead of wage garnishment, such as garnishing a bank account or pursuing other assets. A lawyer can help you think through what may work for your situation.

Contact DevLaws

If you have won a judgment in Ontario and are not sure how to collect on it, the team at DevLaws is here to help. Contact DevLaws today to schedule a consultation and talk through your specific situation.

contact@devlaws.com | +1 437 290 0424 | devlaws.com

Disclaimer

This article is provided for general information purposes only and does not constitute legal advice. It is not intended to create a lawyer-client relationship. Laws and regulations can change, and the information here may not reflect the most current developments. Every situation is different, and the information in this article may not apply to your specific circumstances. If you have questions about enforcing a judgment or collecting a debt, you should consult a qualified lawyer for advice tailored to your situation. DevLaws does not guarantee any particular outcome or result.