Garnishment By Canadian Creditor In Other Countries

2009-02-22

Author: Linda Paul

Bankruptcy

In order for the bank to garnish your wages, being an unsecured creditor, the bank must firstly obtain a court judgement against you. Once a judgement is obtained, depending on where you are overseas, the bank will need to get the judgement recognized in your jurisdiction (i.e., where you live). That can be expensive for the bank to do and they may not take that step.

Person talking on a cellphone looking at spreadsheets on their laptop

If they do, it is possible that your wages could then be garnisheed up to a certain percentage.

If your pay-cheque is being deposited into a TD bank account at the moment, then TD can without notice to you, apply the funds in your bank account against your line of credit.

If you have assets in Canada, the bank could get a court judgment against you and seize those assets.  Some assets are protected and can't be seized.

You can do a Canadian bankruptcy or proposal from overseas if you need to.

Linda Paul

Linda Paul

CIRP, LIT

Senior Vice-President

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

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