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Garnishments without bankruptcy

Does the law in AB require that the employee be notified prior to a Garnishment being placed on his/her wages? what if no bankruptcy has been filed by the employee? Must a Garnishment Order be submitted for each separate pay period or can a \”blanket\” Garnishment be filed? How can an employee avoid having his/her wages garnished, other than quitting work?

One Response to “Garnishments without bankruptcy”

  1. Barton Goth, CIRP, Trustee in Bankruptcy says:

    As long as we are dealing with a creditor other than Canada Revenue Agency then you do need to be notified of the creditor in question attending at court to obtain judgment. This is the first step for a creditor to follow in order to obtain a garnishee and is the best time for you to contest such an action.

    As for a blanket garnishment, the standard garnishment order stipulates a monthly amount to take or a formula to use and the total amount that is to be garnisheed. Then the garnishment order is in place until the full balance of the order is fulfilled. So there is no need to re-submit each pay period.

    So how do you avoid having your wages garnisheed. You either

    a) pay your bills;
    b) negotiate acceptable terms with your creditors in question;
    c) obtain a consolidation loan to pay off the creditor threatening with garnishment;
    d) file under orderly payment of debt with Credit Counselling Services of Alberta;
    e) file a consumer proposal; or
    f) file a bankruptcy.

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