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Termination of Garnishment: Mandate to Issue Prompt Notice to Cease Payments to Court Clerk
Question: What should a creditor do once a judgment has been fully satisfied?
Answer: The creditor must immediately serve a Notice of Termination of Garnishment (Form 20R) to the garnishee and court clerk to ensure garnishment proceedings cease, preventing any unfair overpayment and ensuring adherence to the Rules of the Small Claims Court, O. Reg. 258/98 at Rule 20.08(20.2).
Cessation of Garnishment Upon Satisfaction of Judgment
After a Creditor has received full satisfaction of the Judgment, the Creditor must, “immediately”, initiate termination of the garnishment proceedings by serving Notice of Termination of Garnishment (Form 20R) upon the Garnishee and on the Court Clerk.
The Creditor, for plain and obvious reasons of fairness, being to ensure avoidance of overpayment, is required keep careful watch upon the balance owing against the Judgment. As above, when the Judgment is satisfied, the Creditor must "immediately" bring the garnishment to a stop. In this regard, the Rules of the Small Claims Court, O. Reg. 258/98, state:
Notice Once Order Satisfied
20.08 (20.2) Once the amount owing under an order that is enforced by garnishment is paid, the creditor shall immediately serve a notice of termination of garnishment (Form 20R) on the garnishee and on the clerk.
Conclusion
The Creditor holds the duty to keep proper track of the balance due against the Judgment and to initiate the administrative process of ceasing the garnishment procedures.
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