How much of your wages can be garnished in Ontario?

For an ordinary debt, no more than 20% of your net wages, because Ontario's Wages Act makes 80% of a person's wages exempt from garnishment (s. 7(2)). For a support or maintenance order, the exemption drops to 50% (s. 7(3)). A judge can raise or lower those exemptions on a motion, based on the debtor's financial circumstances (s. 7(4), (5)).

Garnishment is how a creditor with a court judgment collects money owed to the debtor by someone else, most often an employer or a bank. This page explains the limits, how a notice of garnishment works in Small Claims Court in Toronto, and what a debtor or an employer can do. It is written from the debtor's side; for the creditor's side, see our debt recovery page. For how a lawsuit reaches judgment in the first place, see our civil litigation guide.

What are the limits?

"Wages" here does not include amounts the employer is required by law to deduct (s. 7(1)), so the percentage applies after those deductions. Payments from an insurance or indemnity scheme that replace income lost because of disability are treated as wages for this section, whoever runs the scheme (s. 7(1.1)). The Ministry of the Attorney General's enforcement guide adds that employment insurance, social assistance and pension payments cannot be garnished, even after they are deposited in a bank account.

How does wage garnishment work, step by step?

In Small Claims Court, the steps are set out in rule 20.08 of the Rules of the Small Claims Court. The Superior Court has a parallel rule (Rules of Civil Procedure, r. 60.08), which also ties payments to section 7 of the Wages Act.

1. A judgment exists. Garnishment enforces an order for the payment of money (r. 20.08(1)). If you never knew about the case, read about setting aside a default judgment first. If you have only just been served with a claim, there is still time to defend: see how many days you have to respond.
2. The creditor files. The creditor files an Affidavit for Enforcement Request (Form 20P) with the court where the debtor lives or carries on business, and the clerk issues a Notice of Garnishment (Form 20E). Each notice names one debtor and one garnishee (r. 20.08(3) to (5)).
3. The employer is served, together with a blank Garnishee's Statement (Form 20F), and the creditor must serve the debtor within five days after serving the employer (r. 20.08(6), (6.1)).
4. The employer pays the court clerk. The employer is liable to pay what it owes the debtor, up to the amount in the notice, within 10 days after service or after the wages become payable, whichever is later (r. 20.08(7)). Payments into court cannot exceed the part of wages subject to garnishment under section 7 of the Wages Act (r. 20.08(9)).
5. The money is distributed. The clerk distributes the first payment 30 days after receiving it, and later payments as they arrive (r. 20.08(20.1)). If several creditors have garnished the same debtor, payments are shared equally (r. 20.08(10)).
6. It continues until paid. A notice remains in force for six years and can be renewed for further six-year periods (r. 20.08(5.1), (5.2)). Once the debt is paid, the creditor must serve a Notice of Termination of Garnishment (Form 20R) on the employer and the clerk (r. 20.08(20.2)).

In Toronto, Small Claims garnishment matters run through the courthouse at 47 Sheppard Avenue East, and the Superior Court's default is that garnishment hearings are held remotely by videoconference.

What can a debtor do?

• Ask for a garnishment hearing. A creditor, debtor, garnishee, co-owner of the debt or any other interested person can ask the clerk to schedule one (r. 20.08(15)). At the hearing, the court can decide the rights of the parties and vary or suspend periodic payments under a notice of garnishment (r. 20.08(15.2)). The Ministry's guide says a debtor facing real financial hardship can use the hearing to ask a judge to increase the exempt share of wages.
• Ask to increase the exemption. Under section 7(5) of the Wages Act, a judge may increase the 80% or 50% exemption on the debtor's motion, if satisfied it is just, having regard to the debtor's financial circumstances and any other relevant matter.
• Ask to change payment terms. The court can stay enforcement on just terms and vary the times and proportions of payments if the debtor's circumstances have changed (r. 20.02(1)). While an order for periodic payment is in force, a creditor named in it cannot take or continue other enforcement steps, apart from a writ of seizure and sale of land (r. 20.02(2)).
• Consolidate several judgments. A debtor with two or more unsatisfied Small Claims orders can ask for a consolidation order setting one payment schedule, which cannot exceed the garnishable part of wages under the Wages Act (r. 20.09(1), (5)). While it is in force, the creditors named in it cannot take other steps except against land (r. 20.09(9)). It ends if the debtor is in default for 21 days (r. 20.09(10)).
• Challenge the judgment itself, where the debtor was never properly served or has a real defence (r. 11.06).

What changes the answer?

• Support debts. Child and spousal support can take up to half of wages (s. 7(3)). Our page on child and spousal support explains how support orders are made.
• The creditor's motion. A creditor can ask a judge to decrease the exemption, considering the nature of the debt and the debtor's finances (s. 7(4)).
• The size of the judgment. Small Claims judgments can now be for up to $50,000; see the October 2025 limit increase. The percentage limits stay the same whatever the amount.
• Old judgments. If more than six years have passed since the order, a notice of garnishment needs the court's leave (r. 20.08(2.1)).
• Joint bank accounts. Where a debt is owed to the debtor and a co-owner, one-half can be garnished unless the court orders otherwise (r. 20.08(2)), and a co-owner must request a hearing within 30 days after notice to dispute it (r. 20.08(16)).
• Government employers. The Ministry's guide notes extra steps and time limits for garnishing wages of federal or provincial government employees and Canadian Armed Forces members.

What must an employer do?

An employer served with a notice of garnishment is the "garnishee". It must pay the clerk the non-exempt part of the employee's wages, up to the amount in the notice, as wages become payable (r. 20.08(7), (9)). An employer that disputes the garnishment, or pays less than the notice says, must file a Garnishee's Statement within 10 days of service and serve it on the creditor and the debtor (r. 20.08(11) to (13)). An employer that neither pays nor files a statement can face an order to pay the amount in the notice itself (r. 20.08(17)), and paying the wages to someone else after service does not end its liability (r. 20.08(18)). If a judge is asked to change the exemption, the employer may pay the non-exempt part into court pending the hearing (Wages Act s. 7(6)).

For example: a 20% garnishment and a hardship hearing

This is a hypothetical, not a real client or a result. A warehouse supervisor in Scarborough has a $14,000 Small Claims judgment against him from an old car loan. The creditor serves a notice of garnishment on his employer. After statutory deductions, his pay is $2,000 every two weeks, so up to $400 per pay can go to the court (20% under s. 7(2)).

He supports two children and pays rent that takes most of the rest. He requests a garnishment hearing and files evidence of his income, rent and family expenses, asking the judge to increase his exemption under section 7(5). The judge considers his circumstances and decides what is just. If he later falls behind with a second creditor, he could ask for a consolidation order so both judgments are paid through one schedule within the Wages Act limit.

What mistakes do people make?

1. Ignoring the notice. The garnishment continues, potentially for years, and may be renewed (r. 20.08(5.1)).
2. Quitting or switching jobs to avoid it. A creditor can garnish a new employer with a new notice, and can use an examination to find out where you work.
3. Assuming bank accounts are safe. Bank accounts can be garnished too, although the guide says employment insurance, social assistance and pension payments cannot.
4. Not asking for a hearing when the 20% is unaffordable. The exemption can be increased only if someone asks (s. 7(5)).
5. Forgetting the termination notice. When the debt is paid, make sure the creditor serves Form 20R; the guide explains what to do if they will not.
6. Missing a real defence. If the judgment was signed by default, setting it aside may be possible (r. 11.06).

What can you do this week?

1. Get a copy of the notice of garnishment, the judgment and the court file number.
2. Check the amount claimed against what you believe you owe, including payments already made.
3. Confirm with your payroll department what is being deducted and when.
4. List your monthly income, rent, support obligations and essential expenses, with proof.
5. Decide whether to request a garnishment hearing, a consolidation order or a change in payment terms.
6. If you never knew about the lawsuit, look at setting aside the judgment immediately.
7. If you prefer to work in Farsi, ask for help early: court documents must be filed in English or French or with a certified translation (Courts of Justice Act s. 125), and Ontario provides interpretation in any language in Small Claims Court for people who qualify for a fee waiver.

Frequently asked questions

Is the 20% calculated on gross or net pay?

On wages after the amounts the employer is required by law to deduct, because those amounts are not "wages" for section 7 (s. 7(1)).

Can my whole paycheque be taken for child support?

No. For a support or maintenance order, 50% of wages is exempt (s. 7(3)), unless a judge changes the exemption on a motion (s. 7(4)).

How long can a garnishment last?

A notice of garnishment stays in force for six years from issue and can be renewed for further six-year periods before it expires (r. 20.08(5.1), (5.2)), until the debt is paid.

What if I am self-employed?

Garnishment reaches debts payable to the debtor by other persons (r. 20.08(1)), including debts that become payable within six years after the notice is issued (r. 20.08(8)). A client or customer who owes you money can therefore be named as a garnishee, but the Wages Act limit applies only to wages.

What if I have more than one creditor?

Payments under Small Claims garnishments in the same court location are shared equally among the creditors who have filed (r. 20.08(10)), and a consolidation order can replace separate enforcement with one schedule (r. 20.09).

Can a creditor garnish my bank account and my wages at the same time?

Yes, with separate notices, because each notice of garnishment names only one debtor and one garnishee (r. 20.08(5)). The Wages Act exemption is written for wages; a bank account is garnished through a separate notice to the bank, and the Ministry's guide says employment insurance, social assistance and pension payments cannot be garnished even after they are deposited.

Getting help

Garnishment problems are usually solved by acting early: a hearing, a payment order, a consolidation order or a motion against the judgment itself. Our Small Claims Court guide explains the court that issues most of these notices. Gambriani Law PC handles civil disputes in English and Farsi from Suite 1901, 5000 Yonge Street in North York.

This page is general information about Ontario law, not legal advice about your situation.