I’ve met with two people today in our Cambridge office who are both facing the same problem. The pay cheque the receive is about to be subject to a garnishment order. In Ontario, this means for a consumer debt, 20% of the gross pay will be deducted and sent directly to court for the benefit of the creditor.
It seems that in todays tough economic world, some creditors are reacting a little quicker than perhaps they have in the past to try and recover money owed to them by using legal channels rather than working out a plan together with you.
If you’re worried the same thing may happen to you soon, you need to know how to stop it from happening.
The first thing you could try to do is to make a deal with the creditor. You can approach the creditor and ask them if you can work out a payment plan that is more manageable for you. It is worth a try, but unfortunately, the creditors are probably not going to agree to it. If they have gotten a wage garnishment against you already, it probably means you have missed many payments and ignored their phone calls and letters. They will probably not believe that you will pay them just because you say you will.
There are two other options for you that are guaranteed to stop wage garnishments. Filing a consumer proposal or for personal bankruptcy. Both of these are legal processes and the rules say that when you file, creditors must stop the garnishment actions they are taking or have taken against you.
In a consumer proposal, we can help you make a deal with the creditors to pay back some, but not all of what you owe over a period of up to 5 years. In a bankruptcy, the concept is that you give all your assets (that are not protected from a bankruptcy trustee seizing) in exchange for the elimination of your debts. For more information on what assets cannot be lost in a bankruptcy click this link.
If your wages are being garnished and you would like to find out whether filing a consumer proposal or personal bankruptcy would be good options for you, send me an e-mail or call me at 519 622 3773 and I would be happy to review your situation and help you find a plan to get your full wages back.





