Can CIBC Visa Garnish My Wages?

2009-10-12

Author: Linda Paul

In BC, most creditors (including Visa) have to obtain a court judgment against you before they can garnish your wages.  If they are going to apply to court for this type of judgment, they have to first serve you with notice.  In Small Claims Court, this is called a "Notice of Claim."  So, if Visa has your current contact information and if they haven't yet served you with a Notice of Claim, it's very unlikely that they have a judgment and it's therefore very unlikely that they could garnish your pay cheque.  Unfortunately, many collectors will tell you that they are ready to garnish, even though they are not legally in a position to do so.  If a collector is telling this and you haven't been served, ask them for the court number and a copy of the judgment.

Linda Paul

Linda Paul

CIRP, LIT

Senior Vice-President

Servicing: Abbotsford, Chilliwack, Maple Ridge, Surrey, Langley

Latest Blog Posts

2025-06-19

Options to consider if you can’t pay back your student loans

Dean Prentice

With the school year beginning and thousands of Canadian students beginning a new semester of post-secondary studies, all those hard-earned dollars from summer gigs are now being applied to tuition, books, transportation, housing, and supplies. 

Read More

2025-06-18

How to budget for inflation

John Athanasiou

The cost of daily goods has been rising over the past few years — increasing the price of food, gas, clothing, and many other essential items that Canadians need in their day-to-day lives.

Read More

2025-06-16

What are the pros and cons of a Consumer Proposal?

Joey Zanni

Bankruptcy Alternatives to Bankruptcy

Let’s review what a Consumer Proposal is, as well as the pros and cons of filing a Proposal, to help you determine if it’s the right solution for your unique situation.

Read More

Consultation icon