Garnishee Orders How Much Can They Take

2008-11-25   minute read

 The amounts allowable under Garnishee Orders are governed in Alberta by the Civil Enforcement Act and some are governed by other Statutes such as the Income Tax Act and Maintenance Enforcement Act. It depends on the type of debt that you owe as to which law will regulate what can be garnisheed.   Assuming that your debt is a normal consumer debt (credit cards, loans, lines of credit, etc), it will be governed by the Civil Enforcement Act.    Any garnishee will be based on your actual net earnings; IE: what you are actually being paid, net of deductions.   Unless the Court gives your creditor an Order stating another amount, you will be entitled to keep: -         a minimum $800 net pay for yourself plus $200 for each dependant, -         plus ½ of the difference between (your net pay less the minimum amount above) -         to a maximum of $2,400 net pay for yourself plus $200 per dependant   So for example, if your net pay is $2,500 and there are 3 in your home: -         minimum of ($800 for yourself + $600 for dependants) = $1,400 to keep -         plus ½ of ($2,500 - $1,400) = $550 -         equals a total of $1,950 that you would be entitled to keep.    Certain types of income are exempt from garnishee (eg: Social Assistance, AISH, Widow’s Pension), but regular employment earnings can be garnisheed to the above amounts. And other creditors may obtain Orders to garnishee more (most commonly income tax and maintenance debts).   Donna Carson, CGA, CIRP, Trustee Calgary, Airdrie, Drumheller regions 403.537.7657 or 1.877.500.0792 [email protected]

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