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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
CIRP, LIT
Senior Vice-President
Servicing: Abbotsford, Chilliwack, Maple Ridge, Surrey, Langley
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