What does a Garnishing Order do?

A Garnishing Order is a legal mechanism used to enforce a judgment against a debtor by directing a third party to pay money owed to the debtor directly to the creditor instead. This means that if a creditor has successfully sued a debtor and obtained a judgment, they can seek a Garnishing Order to intercept funds that the debtor is entitled to receive from a third party, such as an employer or bank account, and have those funds applied to satisfy the outstanding debt.

The essence of a Garnishing Order lies in its ability to enforce collection without requiring the debtor to voluntarily pay the debt. Once the order is in effect, the third party is legally obligated to comply, which allows the creditor to recover owed amounts more effectively. This process is crucial in the context of debt collection in British Columbia, as it provides a pathway for creditors to reclaim funds that might otherwise be difficult to obtain.

The option involving the debtor transferring assets to a third party does not accurately reflect the nature of a Garnishing Order, as it does not facilitate a transfer by the debtor but rather compels a third party to satisfy the debt. Similarly, there is no requirement for the debtor to appear in court solely due to a Garnishing Order, and it does not serve as a declaration of bankruptcy