Glossary - Tribunals and Courts
A garnishee owes the debtor money, but is ordered by the court to pay it to that person’s creditor instead. For example, when wages are garnished, the garnishee is the employer that has to pay part of a person’s wages to the court. Another example of a garnishee is the bank that has an account belonging to the debtor.
In Debt and Consumer Rights, Employment and Work, Tribunals and Courts
Garnishment is one option for getting money from someone if they didn’t obey a court order to pay you. To do this, you have to fill out forms and follow the rules of the court that apply to this process.
You might be able to get money from:
- someone’s bank account
- payments they get, like rent cheques from a tenant
- their wages if they’re employed
There are some things that usually can’t be garnished, like:
- employment insurance
- social assistance
- pensions (unless the creditor is a government agency)
In Tribunals and Courts, Small Claims Court
A liquidated claim is a claim for a specific amount of money that is owed under a contract or agreement. For example, as set out in an unpaid invoice, unpaid rent, bounced cheque, or unpaid loan.
In Tribunals and Courts, Small Claims Court
A non-liquidated claim is a claim for an amount of money that a judge needs to approve. For example, the cost of damage to property, personal injury, poor workmanship, or termination pay. This type of claim requires a judge to look at the damages and decide how much is owed.
A Notice of Motion is a written document you give the court to ask them to do something about a case. For example, you would give a Notice of Motion to the courts if you want an order for enforcing a previous court order.
A Notice of Stay of Proceedings for Bankruptcy is a letter the court sends creditors when a debtor has filed for bankruptcy. It means that the creditor can’t continue to try to collect money from the debtor.
When a person makes an oath, they give a formal promise that a statement is true. An oath is often sworn to a religious figure. If a person isn’t able to take an oath, they make an affirmation instead.
Personal property is things you own that are not land or real estate. This includes things like cars, jewelry, furniture, and clothing.
In Employment and Work, Tribunals and Courts
If you sue someone in court, you are called the plaintiff. They are called the defendant.
If you don’t pay what a court order says you owe right away, you will have to pay extra money called post-judgement interest. The interest continues to increase from the time that the judgment is made until you pay all the money that you owe.
