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Manitoba Judgement how to Garnishee Wage B.C. Debtor

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  • Manitoba Judgement how to Garnishee Wage B.C. Debtor

    I won my small Claims in Manitoba. I have managed to register my order with the British Columbia Supreme Court so it is recognized and enforceable.

    I need to collect from the person that owes me money.

    I have printed off the Package for Self Represented persons for a Garnishee Order. Confusing ... the Affidavit Part? Do I fill this out and am I able to certify it in Manitoba? Then do I fill out the Garnishee without notice form? I know I have to contact the employer for deadlines. I am just not sure as to the steps to Garnishe the debtors wages for what is oweing me.

    I live in Manitoba and the debtor lives in British Columbia my Enforcement of a Canadian Order has been accepted and registered on the B.C. Supreme Court files.

    What is next basically? I thought at this point I could get the Garnishee and register it with the debtors employer.... I believe there are more steps and I am not sure what they are.

  • #2
    Re: Manitoba Judgement how to Garnishee Wage B.C. Debtor

    I wish to inform you that the first step in the process to obtain a garnishing order is to find out the right name of the garnishee. If the garnishee is a company then you will have to carry out a search at the B.C. Corporate Registry Office. To obtain a garnishing order you must then file an affidavit, prepare a garnishing order form and file the garnishing order and affidavit after paying the required fee. You must thereafter serve the garnishing order and affidavit on the garnishee and defendant. On the day of the hearing you must reach the court on time and place your view point of the court.

    AFF

    Comment


    • #3
      Originally posted by AFFA View Post
      I wish to inform you that the first step in the process to obtain a garnishing order is to find out the right name of the garnishee. If the garnishee is a company then you will have to carry out a search at the B.C. Corporate Registry Office. To obtain a garnishing order you must then file an affidavit, prepare a garnishing order form and file the garnishing order and affidavit after paying the required fee. You must thereafter serve the garnishing order and affidavit on the garnishee and defendant. On the day of the hearing you must reach the court on time and place your view point of the court.

      AFF
      I am not in the same province do I actually have to go to BC? It is a person. I know there full name. I know where they work. I have a Small Claims decision win against this individual. It is registered with credit bureaus across Canada.

      Comment


      • #4
        Re: Manitoba Judgement how to Garnishee Wage B.C. Debtor

        You have already taken the first step towards garnisheeing in British Columbia. Wage garnishments are governed by the Court Order Enforcement Act. By law, 70% of a person's wages are protected, only 30% may be garnished.

        In order to garnish wages, a court order must be obtained, first -- called a garnishing order or writ of execution. It must be for an exact sum, which you already have by virtue of the judgment. It will be made to the debtor's employer. An affidavit must be filed in support of the garnishing order.

        The steps are:


        To obtain a Garnishing Order you must then:
        1. Prepare and swear an Affidavit;
        2. Prepare a Garnishing Order form;
        3. File the Garnishing Order and Affidavit at the Court Registry and pay the required fee;
        4. Serve the Garnishing Order and Affidavit on the Garnishee and Defendant.
        From the Law Society's site, which gives detailed steps to follow, plus they have some of the forms:



        The Affidavit should be completed by filling in:
        1. The court file number which will have been put on the Notice of Claim by the Court Registry staff when the Notice of Claim was filed;
        2. The name of the Registry such as the "Victoria Registry";
        3. The name of the Claimant and Defendant as they appear on the Notice of Claim;
        4. The name and address and occupation of the person who will swear the Affidavit (usually the Claimant);
        5. If the Claimant is swearing the Affidavit tick the box before the words "I am the above-named claimant";
        6. In paragraph 2 after the words "This Action is pending and was commenced on the" insert the date the Notice of Claim was filed (e.g., the 3rd day of April 2003).
        7. In paragraph 3 after the words "The nature of the course of action is," insert the words "as set out on the Notice of Claim, a copy of which is attached to this Affidavit and marked Exhibit 'A'";
        8. In paragraph 4 insert the name of the Defendant after the word " Defendant," then insert the amount owing to the Claimant after the words "the sum of"; The amount owing should be the amount agreed to in the contract which is the basis of the lawsuit. Unless that contract provides for interest for late payments or other default by the Defendant, interest should not be included.
          Also, only the amount which is due on the date the Affidavit is sworn can be claimed. For example, let's suppose 3 payments of $200 each are due by installments as of April 1st, May 1st and June 1st. The Defendant has missed the April and May payments and the Claimant decides to sue on May 15th. The Claimant can only sue for $400 at this time, unless the contract contained what is known as an "acceleration clause." This clause would make the total remaining balance due if a default in payment occurred.
          Finally, if the Claimant owes money to the Defendant for some reason, that amount should be deducted from the amount claimed.
        9. In paragraph 5 list the name, address, and description of the Garnishee. For example:
          "Deep Cove Credit Union, 1000 Wharf Street, Mill Bay, B.C., a Credit Union";
          or
          "Stan Jones, 2110 High Road, Kamloops, Real Estate Agent";
          or
          "The Royal Bank of Canada, 9201 Kings Road, Victoria, B.C., a Chartered Bank".
        Next make a photocopy of the Notice of Claim.

        SWEAR THE AFFIDAVIT

        The Affidavit must be sworn and the Notice of Claim must be attached as Exhibit "A". Affidavits can be sworn by a Notary, Lawyer or an authorized person at the Small Claims Court Registry. There will be a fee for swearing the Affidavit. The person who swears the Affidavit should stamp the Notice of Claim with an exhibit stamp, and should fill in the information on that stamp.
        The exhibit stamp says:
        "This is Exhibit "A" to the Affidavit of _______ sworn the _____ day of ____________ 200__."
        Then there is a place for the person taking the oath to sign.
        It is vital that all words crossed out and any corrected errors on the Affidavit be initialed by the person taking the oath. Remember, a Garnishing Order can be set aside if an Affidavit is not properly completed. The money paid to the Court Registry by a Garnishee might then be returned to the Defendant.

        PREPARE A GARNISHING ORDER



        To complete the form:
        1. Fill in the name of the Plaintiff (Claimant) and Defendant as they appear on the Notice of Claim;
        2. Fill in the correct name of the Garnishee;
        3. After the words "on reading the Affidavit of" fill in the name of the Claimant and the date the Affidavit was sworn;
        4. On the lines provided on the form, fill in the name and address of the Defendant;
        5. On the lines provided on the form, fill in the name and address of the Garnishee;
        6. On the line which says "Amount due," fill in the dollars and cents of the debt owed in the correct column;
        7. Leave blank the line dealing with cost of attachment proceedings. The Small Claims Court Registry Clerk will fill in this line. The Clerk may grant expenses for swearing the Affidavit and serving the Garnishing Order on the Garnishee and Defendant. After filling in how much to allow for expenses, the Registrar will also fill in the area for the "total amount attached."
        TAKE THE DOCUMENTS TO THE COURT REGISTRY

        Next the draft Garnishing Order and Affidavit should be taken to the Small Claims Court Registry. The Garnishing Order will be completed and signed by the Registrar. The Order and Affidavit can then be filed. A fee will be charged.

        SERVE THE GARNISHING ORDER

        The Garnishing Order must be served on the Garnishee and the Defendant. The goal is usually to surprise the Defendant so the Defendant does not defeat the garnishment by collecting his or her money first (for example, by withdrawing it from a bank account). So the Garnishee is usually served first, and then the Defendant is served.

        Garnishing Orders can be served in the same way as a Notice of Claim, by giving it directly to the Garnishee or it may be served by mailing a copy to the person to be served by registered mail to the last known post office address of that person.
        See Factsheet 6 called "Serving Documents" for more information.

        Comment


        • #5
          WOW ... !!! I better get to reading n understanding!

          Than you!



          Originally posted by Friend In Court View Post
          You have already taken the first step towards garnisheeing in British Columbia. Wage garnishments are governed by the Court Order Enforcement Act. By law, 70% of a person's wages are protected, only 30% may be garnished.

          In order to garnish wages, a court order must be obtained, first -- called a garnishing order or writ of execution. It must be for an exact sum, which you already have by virtue of the judgment. It will be made to the debtor's employer. An affidavit must be filed in support of the garnishing order.

          The steps are:


          To obtain a Garnishing Order you must then:
          1. Prepare and swear an Affidavit;
          2. Prepare a Garnishing Order form;
          3. File the Garnishing Order and Affidavit at the Court Registry and pay the required fee;
          4. Serve the Garnishing Order and Affidavit on the Garnishee and Defendant.
          From the Law Society's site, which gives detailed steps to follow, plus they have some of the forms:



          The Affidavit should be completed by filling in:
          1. The court file number which will have been put on the Notice of Claim by the Court Registry staff when the Notice of Claim was filed;
          2. The name of the Registry such as the "Victoria Registry";
          3. The name of the Claimant and Defendant as they appear on the Notice of Claim;
          4. The name and address and occupation of the person who will swear the Affidavit (usually the Claimant);
          5. If the Claimant is swearing the Affidavit tick the box before the words "I am the above-named claimant";
          6. In paragraph 2 after the words "This Action is pending and was commenced on the" insert the date the Notice of Claim was filed (e.g., the 3rd day of April 2003).
          7. In paragraph 3 after the words "The nature of the course of action is," insert the words "as set out on the Notice of Claim, a copy of which is attached to this Affidavit and marked Exhibit 'A'";
          8. In paragraph 4 insert the name of the Defendant after the word " Defendant," then insert the amount owing to the Claimant after the words "the sum of"; The amount owing should be the amount agreed to in the contract which is the basis of the lawsuit. Unless that contract provides for interest for late payments or other default by the Defendant, interest should not be included.
            Also, only the amount which is due on the date the Affidavit is sworn can be claimed. For example, let's suppose 3 payments of $200 each are due by installments as of April 1st, May 1st and June 1st. The Defendant has missed the April and May payments and the Claimant decides to sue on May 15th. The Claimant can only sue for $400 at this time, unless the contract contained what is known as an "acceleration clause." This clause would make the total remaining balance due if a default in payment occurred.
            Finally, if the Claimant owes money to the Defendant for some reason, that amount should be deducted from the amount claimed.
          9. In paragraph 5 list the name, address, and description of the Garnishee. For example:
            "Deep Cove Credit Union, 1000 Wharf Street, Mill Bay, B.C., a Credit Union";
            or
            "Stan Jones, 2110 High Road, Kamloops, Real Estate Agent";
            or
            "The Royal Bank of Canada, 9201 Kings Road, Victoria, B.C., a Chartered Bank".
          Next make a photocopy of the Notice of Claim.

          SWEAR THE AFFIDAVIT

          The Affidavit must be sworn and the Notice of Claim must be attached as Exhibit "A". Affidavits can be sworn by a Notary, Lawyer or an authorized person at the Small Claims Court Registry. There will be a fee for swearing the Affidavit. The person who swears the Affidavit should stamp the Notice of Claim with an exhibit stamp, and should fill in the information on that stamp.
          The exhibit stamp says:
          "This is Exhibit "A" to the Affidavit of _______ sworn the _____ day of ____________ 200__."
          Then there is a place for the person taking the oath to sign.
          It is vital that all words crossed out and any corrected errors on the Affidavit be initialed by the person taking the oath. Remember, a Garnishing Order can be set aside if an Affidavit is not properly completed. The money paid to the Court Registry by a Garnishee might then be returned to the Defendant.

          PREPARE A GARNISHING ORDER



          To complete the form:
          1. Fill in the name of the Plaintiff (Claimant) and Defendant as they appear on the Notice of Claim;
          2. Fill in the correct name of the Garnishee;
          3. After the words "on reading the Affidavit of" fill in the name of the Claimant and the date the Affidavit was sworn;
          4. On the lines provided on the form, fill in the name and address of the Defendant;
          5. On the lines provided on the form, fill in the name and address of the Garnishee;
          6. On the line which says "Amount due," fill in the dollars and cents of the debt owed in the correct column;
          7. Leave blank the line dealing with cost of attachment proceedings. The Small Claims Court Registry Clerk will fill in this line. The Clerk may grant expenses for swearing the Affidavit and serving the Garnishing Order on the Garnishee and Defendant. After filling in how much to allow for expenses, the Registrar will also fill in the area for the "total amount attached."
          TAKE THE DOCUMENTS TO THE COURT REGISTRY

          Next the draft Garnishing Order and Affidavit should be taken to the Small Claims Court Registry. The Garnishing Order will be completed and signed by the Registrar. The Order and Affidavit can then be filed. A fee will be charged.

          SERVE THE GARNISHING ORDER

          The Garnishing Order must be served on the Garnishee and the Defendant. The goal is usually to surprise the Defendant so the Defendant does not defeat the garnishment by collecting his or her money first (for example, by withdrawing it from a bank account). So the Garnishee is usually served first, and then the Defendant is served.

          Garnishing Orders can be served in the same way as a Notice of Claim, by giving it directly to the Garnishee or it may be served by mailing a copy to the person to be served by registered mail to the last known post office address of that person.
          See Factsheet 6 called "Serving Documents" for more information.

          Comment


          • #6
            Re: Manitoba Judgement how to Garnishee Wage B.C. Debtor

            Thank you again. Still working on it. Lesson learnt; do not loan money to someone in another province. You may never get it back!

            Comment


            • #7
              Still can't seem to get this done. Back n forth to our Manitoba courthouse , calls to BC Supreme Court .

              I live in Manitoba the person I won a judgement against is in BC and lives there. I registered my MB judgement on BC court I am trying to garnishee the defendants wage. I know the employer address and all that.

              Can this paper work not be done on Manitoba and register mailed as I did before to register my MB judgement?

              Good reason never to loan out of province friends money. Impossible to figure out how to collect.

              Please can anyone tell me how to do this from Manitoba? I have the Affidavit but need it done in Manitoba and mailed to BC along with funds for the Garnishee order. When I get those back I will fax a copy to employer in BC and mail a copy to the Debtor.

              BC Law Society pages ? Forms for Manitoba? Or just cross out and initial BC papers I have and get it sworn in Manitoba?


              TAKE THE DOCUMENTS TO THE COURT REGISTRY

              Next the draft Garnishing Order and Affidavit should be taken to the Small Claims Court Registry. The Garnishing Order will be completed and signed by the Registrar. The Order and Affidavit can then be filed. A fee will be charged.



              Originally posted by Friend In Court View Post
              You have already taken the first step towards garnisheeing in British Columbia. Wage garnishments are governed by the Court Order Enforcement Act. By law, 70% of a person's wages are protected, only 30% may be garnished.

              In order to garnish wages, a court order must be obtained, first -- called a garnishing order or writ of execution. It must be for an exact sum, which you already have by virtue of the judgment. It will be made to the debtor's employer. An affidavit must be filed in support of the garnishing order.

              The steps are:


              To obtain a Garnishing Order you must then:
              1. Prepare and swear an Affidavit;
              2. Prepare a Garnishing Order form;
              3. File the Garnishing Order and Affidavit at the Court Registry and pay the required fee;
              4. Serve the Garnishing Order and Affidavit on the Garnishee and Defendant.
              From the Law Society's site, which gives detailed steps to follow, plus they have some of the forms:



              The Affidavit should be completed by filling in:
              1. The court file number which will have been put on the Notice of Claim by the Court Registry staff when the Notice of Claim was filed;
              2. The name of the Registry such as the "Victoria Registry";
              3. The name of the Claimant and Defendant as they appear on the Notice of Claim;
              4. The name and address and occupation of the person who will swear the Affidavit (usually the Claimant);
              5. If the Claimant is swearing the Affidavit tick the box before the words "I am the above-named claimant";
              6. In paragraph 2 after the words "This Action is pending and was commenced on the" insert the date the Notice of Claim was filed (e.g., the 3rd day of April 2003).
              7. In paragraph 3 after the words "The nature of the course of action is," insert the words "as set out on the Notice of Claim, a copy of which is attached to this Affidavit and marked Exhibit 'A'";
              8. In paragraph 4 insert the name of the Defendant after the word " Defendant," then insert the amount owing to the Claimant after the words "the sum of"; The amount owing should be the amount agreed to in the contract which is the basis of the lawsuit. Unless that contract provides for interest for late payments or other default by the Defendant, interest should not be included.
                Also, only the amount which is due on the date the Affidavit is sworn can be claimed. For example, let's suppose 3 payments of $200 each are due by installments as of April 1st, May 1st and June 1st. The Defendant has missed the April and May payments and the Claimant decides to sue on May 15th. The Claimant can only sue for $400 at this time, unless the contract contained what is known as an "acceleration clause." This clause would make the total remaining balance due if a default in payment occurred.
                Finally, if the Claimant owes money to the Defendant for some reason, that amount should be deducted from the amount claimed.
              9. In paragraph 5 list the name, address, and description of the Garnishee. For example:
                "Deep Cove Credit Union, 1000 Wharf Street, Mill Bay, B.C., a Credit Union";
                or
                "Stan Jones, 2110 High Road, Kamloops, Real Estate Agent";
                or
                "The Royal Bank of Canada, 9201 Kings Road, Victoria, B.C., a Chartered Bank".
              Next make a photocopy of the Notice of Claim.

              SWEAR THE AFFIDAVIT

              The Affidavit must be sworn and the Notice of Claim must be attached as Exhibit "A". Affidavits can be sworn by a Notary, Lawyer or an authorized person at the Small Claims Court Registry. There will be a fee for swearing the Affidavit. The person who swears the Affidavit should stamp the Notice of Claim with an exhibit stamp, and should fill in the information on that stamp.
              The exhibit stamp says:
              "This is Exhibit "A" to the Affidavit of _______ sworn the _____ day of ____________ 200__."
              Then there is a place for the person taking the oath to sign.
              It is vital that all words crossed out and any corrected errors on the Affidavit be initialed by the person taking the oath. Remember, a Garnishing Order can be set aside if an Affidavit is not properly completed. The money paid to the Court Registry by a Garnishee might then be returned to the Defendant.

              PREPARE A GARNISHING ORDER



              To complete the form:
              1. Fill in the name of the Plaintiff (Claimant) and Defendant as they appear on the Notice of Claim;
              2. Fill in the correct name of the Garnishee;
              3. After the words "on reading the Affidavit of" fill in the name of the Claimant and the date the Affidavit was sworn;
              4. On the lines provided on the form, fill in the name and address of the Defendant;
              5. On the lines provided on the form, fill in the name and address of the Garnishee;
              6. On the line which says "Amount due," fill in the dollars and cents of the debt owed in the correct column;
              7. Leave blank the line dealing with cost of attachment proceedings. The Small Claims Court Registry Clerk will fill in this line. The Clerk may grant expenses for swearing the Affidavit and serving the Garnishing Order on the Garnishee and Defendant. After filling in how much to allow for expenses, the Registrar will also fill in the area for the "total amount attached."
              TAKE THE DOCUMENTS TO THE COURT REGISTRY

              Next the draft Garnishing Order and Affidavit should be taken to the Small Claims Court Registry. The Garnishing Order will be completed and signed by the Registrar. The Order and Affidavit can then be filed. A fee will be charged.

              SERVE THE GARNISHING ORDER

              The Garnishing Order must be served on the Garnishee and the Defendant. The goal is usually to surprise the Defendant so the Defendant does not defeat the garnishment by collecting his or her money first (for example, by withdrawing it from a bank account). So the Garnishee is usually served first, and then the Defendant is served.

              Garnishing Orders can be served in the same way as a Notice of Claim, by giving it directly to the Garnishee or it may be served by mailing a copy to the person to be served by registered mail to the last known post office address of that person.
              See Factsheet 6 called "Serving Documents" for more information.

              Comment


              • #8
                Re: Manitoba Judgement how to Garnishee Wage B.C. Debtor

                The affidavits and forms can be prepared in Manitoba, properly notarized and then mailed to the court in B.C. There are legal messenger services who can file for you as well as serve process, so I suggest you check out the services in the closest B.C. city or town. If it's Vancouver, you are in luck for there are plenty of legal messengers/process serving forms there.

                Comment


                • #9
                  Re: Manitoba Judgement how to Garnishee Wage B.C. Debtor

                  First, thank you so much ... this advice got me through 4 Garnishments, 2 Service Affidavits.

                  I made a request for payment out of B.C Court, first I sent the request to the Debtor. All other paper work has gotten through by Registered Mail. The first request for payment to the Debtor allowing 10 days to respond was rejected at the Postal Station. Stated undeliverable.

                  Can a person be served at Work by Registered Mail or do I need to serve the rest of my paperwork through a Process Server if the Debtor has now changed his mailbox in Elkford B.C. Is there a way to contact the Post Office and obtaining the New Postal Box Number? A Court form from the BC Supreme Court?

                  Does anyone know where the allowable Court Costs Schedule is found online? I am in the Supreme Court Cranbrook and can not find the Schedule 2 of what I can include in the Garnishment Order Form D for Costs I am incurring.

                  Thank you ... appreciate all the help as always.

                  Comment


                  • #10
                    Re: Manitoba Judgement how to Garnishee Wage B.C. Debtor

                    Originally posted by 2001Kid View Post
                    Thank you again. Still working on it. Lesson learnt; do not loan money to someone in another province. You may never get it back!
                    That could be changed to "never loan money to anyone.." Period.
                    There's always the chance one will never get it back.

                    You may contact the court directly since I do not have access to a current fee schedule for the BC courts.

                    Comment


                    • #11
                      Originally posted by Friend In Court View Post
                      That could be changed to "never loan money to anyone.." Period.
                      There's always the chance one will never get it back.

                      You may contact the court directly since I do not have access to a current fee schedule for the BC courts.
                      True: Never loan money to anyone. I agree.

                      Thanks I contacted the BC Supreme Court and get referred to Schedule 2 of which I can't seem to find. I will keep looking

                      Comment

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