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Garnishment Hearing Procedures:
Court Review of Various Concerns Relating to Garnishment
Last Updated: August 22 2026
Question: How do I request a garnishment hearing in Ontario if I was served with a co-owner of debt notice?
Answer: In Ontario Small Claims Court, you can request a garnishment hearing by asking the clerk to fix a time and place after you have been properly served, including serving the Notice of Garnishment Hearing (Form 20Q) on the proper parties; if you were served with a notice to co-owner of debt, you typically must request the hearing within 30 days after the notice is sent to dispute enforcement. Empowered Legal Services provides a professional legal advocacy team (lawyer & paralegal) to help you respond, protect your rights, and pursue the court’s powers to vary or suspend periodic garnishment payments or determine rights and liabilities at the hearing. If you need guidance on timing, service, and the exact next steps, call (855) 808-6510 for a free 30-minute consultation with Empowered Legal Services.
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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.
Note: Please contact Empowered Legal Services by phone at: (855) 808-6510 to discuss any specific questions that you may have.
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 significant quantity of online searches featuring “lawyers near me” or “best lawyer in” frequently indicates a requirement for prompt and proficient legal support rather than a particular designation. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are empowered to represent clients in specified litigation matters. Advocacy, legal evaluation, and procedural expertise are fundamental to that function. Empowered Legal Services provides legal representation within its licensed parameters, focusing on strategic positioning, evidence preparation, and persuasive advocacy aimed at securing effective and advantageous outcomes for clients.
