What is the purpose of garnishment?

Prepare for the Ontario Barrister Civil Practice Exam. Engage with flashcards and multiple-choice questions, each enhanced with hints and explanations. Ace your exam!

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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