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Garnishment Hearing Procedures:
Court Review of Various Concerns Relating to Garnishment
Last Updated: August 28 2026
Question: What should I do if I was served a co-owner of debt notice and need to request a garnishment hearing in Ontario?
Answer: If you’re served a notice to co-owner of debt in Ontario, request a garnishment hearing within 30 days after the notice is sent, because that deadline affects your ability to dispute enforcement, and at the hearing the court can vary or suspend garnishment payments and determine the rights and liabilities of the garnishee, co-owner of debt, debtor, and any assignee or encumbrancer; for help reviewing your situation, preparing the Notice of Garnishment Hearing (Form 20Q), and coordinating service steps in small claims matters involving garnishment, Mole Legal Services provides paralegal support with property management know-how across Ontario, including Etobicoke, Mississauga, Brampton, Vaughan, and Toronto, so call (647) 709-5157 for a quick next-step review.
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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 Mole Legal Services by phone at: (647) 709-5157 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” typically indicate a pressing need for competent legal assistance rather than a specific professional designation. In Ontario, paralegals who are licensed are governed by the same Law Society that supervises lawyers, allowing them to represent clients in specific litigation scenarios. Advocacy, analytical skills, and procedural expertise are fundamental to this position. Mole Legal Services provides legal representation within its licensed scope, focusing on strategic positioning, evidence preparation, and effective advocacy aimed at securing prompt and favourable outcomes for clients.
