How to Garnish Wages in Quebec After a Small Claims Judgment

The Cheapest Enforcement Tool You Have

If the person who owes you money has a job, wage garnishment through the court clerk is almost certainly your best first move. It costs $52 for an individual creditor ($63.75 for a legal entity) to file, the clerk handles service on the employer, and the deductions continue automatically every pay period until the debt is cleared.

No bailiff required. No retainer fee. Just one form and a filing fee.

How Clerk Wage Garnishment Works

The process runs through the court clerk's office — not through a private bailiff. Here is the sequence:

Step 1 — File Form SJ-1103. Complete the Avis d'exécution aux petites créances and file it with the court office in the judicial district where your judgment was rendered. The filing fee is $52 for an individual creditor or $63.75 for a legal entity.

Step 2 — The clerk serves the employer. The clerk sends the garnishment notice to the debtor's employer by registered mail. You do not need to arrange service yourself.

Step 3 — The employer declares. Within 10 days of receiving the notice, the employer must file a Garnishee Declaration (déclaration du tiers-saisi) confirming the debtor's employment status, pay rate, pay frequency, and any existing garnishments.

Step 4 — Deductions begin. The employer calculates the seizable portion of wages each pay period and remits it directly to the court clerk. The clerk then forwards the money to you.

Step 5 — It continues until paid. The garnishment is a continuing seizure. It stays active — no monthly renewals needed — until the judgment debt plus interest and costs is satisfied, or the debtor leaves that employer.

The 30% Seizure Rule

Quebec law protects debtors from losing their entire paycheque. The seizable portion is calculated using a statutory formula:

Seizable amount = (Gross pay − Basic living allowance) × 30%

The basic living allowance depends on the debtor's family situation — single, with dependents, etc. — and is indexed annually. The allowance itself, plus 70% of income above that allowance, is protected from seizure for ordinary civil debts.

For family support debts (alimony, child support), the formula is different: the basic exemption drops out entirely and the garnishable rate rises to 50%. But for a standard small claims judgment, 30% is the ceiling.

What If the Debtor Changes Jobs?

The garnishment is tied to the specific employer named in the notice. If the debtor quits or is fired, the deductions stop. You would need to identify the new employer and file a fresh Form SJ-1103 naming them as the new garnishee.

A debtor examination can help you discover where the debtor is currently working if you have lost track.

What If the Employer Ignores the Notice?

An employer who fails to declare, withhold, or remit the required amounts faces serious consequences. You can apply to the court for a summary judgment holding the employer personally liable for the full debt amount. This is not a theoretical risk — the statute is explicit.

When Wage Garnishment Is Not Enough

Wage garnishment works well when the debtor earns regular employment income. It does not reach self-employment income, assets in bank accounts, or property. If the debtor is self-employed, retired, or earning income outside a traditional employer relationship, you would need to explore bailiff-executed seizures or bank account garnishment instead.

The complete Quebec judgment enforcement guide includes a decision tree for choosing between the clerk route and the bailiff route, plus the exact forms and filing steps for each path.

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