What is the purpose of garnishment?

Study for the Ontario Barrister Civil Practice Exam. Dive deep into civil litigation with flashcards and multiple choice questions that come with hints and explanations. Get ready for your exam success!

The purpose of garnishment is fundamentally about allowing creditors to collect debts owed to them by intercepting payments that are due to the debtor from third parties. When a creditor obtains a garnishment order, the third parties (often employers or banks) are legally required to withhold a portion of the debtor's earnings or funds in accounts and direct those amounts to the creditor. This method ensures that the creditor can recover the owed amounts without direct payment by the debtor, who may otherwise not voluntarily pay their debts.

Garnishment effectively acts as a legal remedy to ensure that debts are paid, thus enabling creditors to enforce their rights and collect amounts they are owed with judicial support. This legal mechanism is essential in civil practice for resolving situations where debtors may lack the resources or willingness to satisfy their debts independently.

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