Form 60H

Courts of Justice Act

Notice of Garnishment

(Court file no.)

(Court)

B E T W E E N

(name)

Creditor

(Court Seal)                                                                                                    (and)

(name)

Debtor

(and)

(name)

Garnishee

Notice of Garnishment

TO (name and address of garnishee)

A LEGAL PROCEEDING in this court between the creditor and the debtor has resulted in an order that the debtor pay a sum of money to the creditor.  The creditor claims that you owe a debt to the debtor.  A debt to the debtor includes both a debt payable to the debtor and a debt payable to the debtor and one or more co-owners.  The creditor has had this notice of garnishment directed to you as garnishee in order to seize any debt that you owe or will owe to the debtor.  Where the debt is payable to the debtor and to one or more co-owners, you must pay one-half of the indebtedness or the greater or lesser amount specified in an order made under subrule 60.08 (16).

YOU ARE REQUIRED TO PAY to the Sheriff of the (name of county or district),

(a)        within 10 days after this notice is served on you, all debts now payable by you to the debtor; and

(b)        within 10 days after they become payable, all debts that become payable by you to the debtor within 6 years after this notice is served on you,

subject to the exemptions provided by section 7 of the Wages Act.  The total amount of all your payments to the sheriff is not to exceed $......................... less $10 for your costs of making each payment.

EACH PAYMENT MUST BE SENT with a copy of the attached garnishee’s payment notice to the sheriff at the address shown below.

IF YOU DO NOT PAY THE TOTAL AMOUNT OF $......................... LESS $10 FOR YOUR COSTS OF MAKING EACH PAYMENT WITHIN 10 DAYS after this notice is served on you, because the debt is owed to the debtor and to one or more co-owners or for any other reason, you must within that time serve on the creditor and the debtor and file with the court a garnishee’s statement in Form 60I attached to this notice.

IF YOU FAIL TO OBEY THIS NOTICE, THE COURT MAY MAKE AND ENFORCE AN ORDER AGAINST YOU for payment of the amount set out above and the costs of the creditor.

IF YOU MAKE PAYMENT TO ANYONE OTHER THAN THE SHERIFF, YOU MAY BE LIABLE TO PAY AGAIN.

TO THE CREDITOR, THE DEBTOR AND THE GARNISHEE.

Any party may make a motion to the court to determine any matter in relation to this notice of garnishment.

Date	......................................................................		Issued by	......................................................................
				Local registrar
			Address of court office	......................................................................
				......................................................................

Creditor’s address	Debtor’s address	Sheriff’s address
........................................................................	........................................................................	........................................................................
........................................................................	........................................................................	........................................................................
telephone no. .................................................

(The top portion of the garnishee’s payment notice is to be completed by the creditor before the notice of garnishment is issued.  Where it is anticipated that more than one payment will be made by the garnishee, the creditor should provide extra copies of the payment notice.)

garnishee’s payment notice

Make payment by cheque or money order payable to the Sheriff of the (the name of county or district) and send it, along with a copy of this payment notice, to the (address).

Court	...........................................................................		File no.	...........................................................................
Office at	...........................................................................			...........................................................................
Creditor	...........................................................................
Debtor	...........................................................................
Garnishee	...........................................................................

TO BE COMPLETED BY GARNISHEE FOR EACH PAYMENT

Date of payment	...........................................................................
Amount enclosed	$ .........................................................................

RCP-E 60H (November 1, 2005)