How do I garnish the wages of someone who isn't paying me?
In the United States? This answer is Québec and Canadian law. The US side of this site answers different questions, state by state: different law, and different coverage. Go to the US side
Short answer
In Quebec, to seize the income of a debtor after a small claims judgment, you have to fill out the Small Claims Notice of Execution (SJ-1103). It is the only enforcement measure a creditor can undertake without a bailiff, provided it is the only measure taken and the debtor is not already subject to a seizure of income.
In detail
A seizure of income is a seizure in the hands of a third party: it is the employer who withholds a portion of the wages and remits it to the court. It is not something you improvise · form SJ-1103 has to be signed and filed at the court office, at a cost of $52 for an individual or $63.75 for a legal person.
For any other measure · seizing a vehicle, seizing bank accounts, seizing an immovable · you have to go through a bailiff. The bailiff’s fees are borne by the debtor, within the limits set by law.
Before seizing, you can examine the debtor about the property they own and their sources of income, by means of a summons to appear for an examination after judgment (SJ-279). That lets you find out where to seize, rather than paying for blind attempts.
What to document
The name and address of the debtor’s employer, or the financial institution where they hold an account, with the date you obtained that information and its source. Keep the judgment and an up-to-date calculation of the unpaid balance, interest included.
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Official sources
- Forced execution of the judgment · Gouvernement du Québec
- Small Claims Notice of Execution (SJ-1103) · Gouvernement du Québec
- Summons to Appear · Examination After Judgment (SJ-279) · Ministère de la Justice
Related questions
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- I bought a debt can I claim it in small claims?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.