Garnishing Order After Judgment in BC: Wages, Bank Accounts, and Exemptions

How Garnishment Works in BC

Garnishment intercepts money owed to the debtor by a third party — their employer or their bank — before it reaches the debtor's hands. It is governed by Part 1 of the Court Order Enforcement Act (COEA) and is the most commonly used enforcement tool in BC small claims because it requires no bailiff, no deposit, and no property seizure.

A judgment alone does not authorize you to contact the debtor's bank or employer directly. You need a formal Garnishing Order issued by the court.

The Two Forms You Need

COEA Form B (Affidavit in Support of Garnishing Order After Judgment): A sworn or affirmed affidavit that you sign before a commissioner of oaths or notary. It must state the exact date and details of your court judgment, the precise unpaid balance, the name and address of the garnishee (the bank or employer), and that the garnishee is within British Columbia and either employs the debtor or holds money owed to them.

Precision matters here. A spelling error in the legal name of the garnishee or the debtor can give the bank or employer grounds to reject the order. Use the debtor's exact legal name from the court judgment and the garnishee's full registered name.

COEA Form D (Garnishing Order After Judgment): The formal court order directing the garnishee to pay intercepted funds into court. The registrar reviews your Form B affidavit, verifies the figures, and signs the Garnishing Order.

You file both forms together at the Provincial Court registry and pay the statutory filing fee. Once the registrar signs the order, you receive sealed copies to serve on the garnishee and the debtor.

Serving the Garnishing Order

You must serve the Garnishing Order on the garnishee immediately after issuance. How you serve it depends on the target:

Bank accounts: Serve the order on the specific branch where the debtor holds the account. Serving the bank's head office or a different branch does not capture the funds. If you do not know the branch, a Payment Hearing can compel the debtor to disclose their banking details. Authorized service methods are personal delivery or registered mail.

Employers: Serve the order on the debtor's payroll office or the employer's registered corporate address. Again, personal delivery or registered mail.

What Gets Captured

Bank accounts: A garnishing order acts as a one-time snapshot. It legally binds and captures only the funds present in the debtor's account at the precise moment the branch receives and processes the order. It does not monitor future deposits. If the account balance is insufficient, or the debtor moves money before the order arrives, you would need to file a fresh garnishing order for a later attempt.

Wages: The order attaches to wages owing when served and to wages that would ordinarily become due within 7 days after the supporting affidavit was sworn. It does not automatically continue across later pay periods — a new order is needed for a later capture.

The 70% Wage Exemption

The COEA protects a baseline level of the debtor's income. Seventy percent of net earnings — gross salary minus income tax, Canada Pension Plan contributions, and Employment Insurance premiums — is exempt from garnishment. You can garnish a maximum of 30% of net wages per pay period.

The COEA also sets a minimum dollar exemption: C$100 per month for a person without dependants and C$200 per month for a person with one or more dependants, prorated for a shorter period. A judge or registrar may vary the exemption in some circumstances under section 4 of the COEA.

Bank accounts do not receive the same automatic 70% protection. The full balance in a sole-name personal account is attachable upon service. However, joint bank accounts held by the debtor and a non-debtor third party (such as a spouse) cannot be garnished — the non-debtor's property is protected. Government social assistance, disability payments, and child tax benefits deposited into an account may also be claimed as exempt by the debtor through a court application.

Getting the Money: The 10-Day Payout Process

The garnishee does not pay you directly. Captured funds go to the Provincial Court registry, which holds them in trust. To get the money released:

1. Serve the debtor with a copy of the Garnishing Order and a formal Notice of Payment Out
2. Wait 10 full days from the date of service — this gives the debtor time to dispute the garnishment if the funds are exempt or the balance was miscalculated
3. File an Affidavit of Service (Form scl004c) proving you served the debtor, along with a request for payment out
4. The registry issues a cheque to you

If the debtor files no objection within 10 days, payout proceeds. If they do object — claiming the funds are exempt benefit payments, for example — a judge will hear the application before deciding whether to release the money.

When Garnishment Does Not Work

Garnishment will not help if the debtor has no bank account in their sole name, has no employer (is self-employed or unemployed), or holds their funds in a joint account. In these situations, a Payment Hearing to examine the debtor's finances, an Order for Seizure and Sale for tangible property, or a land registration may be more effective.

Our BC Order Enforcement Guide covers each enforcement tool with form-by-form instructions, including affidavit drafting guidance, service checklists, and interest-tracking worksheets to keep your judgment balance accurate throughout the process.

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