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QUESTION: I have my eviction order and want to go for wage garnishment. I want to pursue only the guarantor as he has a job. Is the process different because I’m going after the guarantor? If I’m not pursuing the ex tenant, do I still need their current address?
ANSWER : In Ontario, wage garnishment is a legal process where a creditor can obtain a portion of a debtor’s wages directly from their employer to satisfy a debt. This order directs the debtor’s employer to withhold a portion of the debtor’s wages and remit it directly to the creditor. The garnishment order must be served on the employer and the debtor.
Yes, you can pursue wage garnishment against a guarantor if they have guaranteed the debt. You will need to have a judgment that confirms the guarantor’s liability for the debt.
The debtor’s address is required to serve them with court documents, including the statement of claim and any subsequent notices related to the court proceedings. Proper service ensures that the debtor is aware of the legal action being taken against them. When applying for a garnishment order, the court will require the debtor’s address as part of the documentation.
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