When to use it
Seek court-directed attachment of qualifying debts owed to a judgment debtor (often bank funds or wages) after obtaining an enforceable order.
Before preparing the papers
Check whether collection is allowed first: Rule 11(6) prevents further collection while the debtor follows a court-ordered payment schedule. Under Rule 11(17), filing a summons to a payment hearing pauses other collection steps until the hearing concludes or the summons is withdrawn or cancelled, subject to Rule 11(18). If the creditor has not already filed an address for service (Form 38), Rule 11(11.1) requires filing it and serving it on the other parties.
Identify the garnishee correctly, confirm the judgment balance and review statutory exclusions before serving anything.
Steps to check
Usually file a prescribed affidavit in support and the Garnishing Order. Confirm the form and the method of service with the registry. The court does not automatically collect the amount owed. The creditor remains responsible for choosing an authorized process and meeting the requirements for it.
Important limitation
Assuming you can take money from a debtor yourself, garnish a joint account, or treat an unentered decision as an enforceable judgment.
Deadlines and fees
These procedures have detailed timing and service requirements under the Court Order Enforcement Act, including for wage garnishment.
Schedule A of the Small Claims Rules lists a $40 fee for filing records required for issue of a garnishing order, plus other possible charges.
What else may help?
Consider a payment hearing (Form 12), a payment order (Form 10), or registry information about other enforcement methods. A CRT order has its own prerequisites before court enforcement. Seek professional advice for exemptions and protected funds.