Recovery from non-complying garnishee debtors 107-05090040

Employer/third parties must implement garnishees. Failure to do so is an offence, and a fine or imprisonment may be imposed.

An employer/third party incurs a debt where they do not comply with a notice. Employer/third party liability is restricted to the lesser of:

• the portion of the garnishee amount they are able to pay, or
• the balance of the debt when the notice was sent

A garnishee debtor’s mutual liability can only be recovered by garnishee or legal action.

Discuss the reason for non-compliance of a garnishee via phone. Make a reasonable effort to contact the employer/third party. If they can’t be contacted, or continue non-compliance:

• document the customer record, and
• discuss the file with the Litigation Branch. Civil recovery action can be considered

A garnishee debtor's information held on the customer's record (that is: primary debtor) is protected and must not be given to the customer. If a garnishee debtor contacts, do not give them any information about the customer.

The debt on the garnishee debtor's record is a mirror image of the primary debtor's (customer's) debt. Any repayments (made by either party) are recorded on the primary debtor's record and are mirrored on the garnishee debtor's record.