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Archive for the ‘options’ Category

Bonuses and commissions and wage garnishment

Tuesday, January 11th, 2011

Question: How are bonuses or commissions dealt with if your wages are being garnished? Are they subject to a large percentage than regular wages? (20% of gross wages after required deductions).

Answer: Under the Ontario Wages Act a normal creditor (not the government or child support) can garnishee up to 20% of your gross wages.  Generally bonuses and commissions are treated the same.

If you have a garnishment against you, or expect that your wages may be garnisheed, please see this article on how to stop a wage garnishment for more information.

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Can CPP be garnisheed in Ontario?

Monday, November 22nd, 2010

Question: Can Canada Pension or Old Age Security payments be garnished?

Answer: Under the Ontario Wages Act only wages can be garnisheed.  The only exception would be if you owe money to the government, such as the Canada Revenue Agency, they can garnishee a CPP or OAS payment.

One option would be to simply open a new bank account at a new bank, and deposit your CPP and OAS payments there; since your other creditors do not know about that bank account, they cannot automatically take money out of it.

Another option would be to file a consumer proposal or bankruptcy to officially eliminate your debt.  However, you are then making payments towards your debt to protect yourself from creditors who may not have any legal recourse against you, so you should consult a licensed Ontario bankruptcy trustee to determine if that approach is in your best interests.

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No job, What action to take?

Saturday, January 9th, 2010

Question: Have been unemployed for more than a year. Now on Assistance. What is the best action to take? Am close to losing my home,within a month of two. No other funds available.

Answer: Unfortunately your situation is becoming more common as the recession continues. Our best advice is to determine your priorities, and act accordingly.

If you are likely to lose your home, your first priority is to find a place to live. That may mean renting a place, or moving in with a friend or relative. Either way, that’s something you want to arrange now, while you have a month or two; you don’t want to leave that to the last minute.

Your next highest priority will be to live, and pay for food and other living expenses. Your goal will be to find a place to live that allows you to survive on assistance and cover your rent and living costs.

Your next priority is to find a job, but obviously you are hard at work on that already. Given how hard it is to find a job, your goal will be to get whatever job you can to meet your living expenses. It’s easier to find a job when you already have a job, so it probably makes sense to take any job that pays more than you are getting on Assistance, and then hope that job leads to something better.

Finally, your last priority will be to deal with your debts. You want to pay your debts, but at the moment you don’t have the income to service your debts, and your creditors can’t garnishee your wages until you are working again. So, until you are working, servicing your debts is not a priority.

A final word of advice: we strongly recommend that you bank at a bank where you don’t owe any money. If you owe money to Bank ABC, and your Assistance cheque is deposited into Bank ABC, it’s very easy for the bank to take the money and apply it against your debt. Therefore you should open a new bank account at a new bank, and only use it to pay your normal monthly living expenses (rent, food, etc.).

Once you are working again you can contact a credit counsellor or an Ontario bankruptcy trustee to make a plan to deal with your debts.

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