A local employer asked us this question….."One of my best workers is getting harrassed at work by a creditor who says that he can garnishee his wages tomorrow. Can he do that? My worker is calling in sick to avoid the calls. What are his rights?"
No creditor (except Revenue Canada) can garnishee income without going through a 21 day suing process. His bank can, however, freeze money in his bank account.
According to the Collection Agency Act, a collection agency:
- Must send written notice advising the name of the creditor, the balance owing, and the name of the agency and its authority to demand payment, and wait until the sixth day after mailing before contacting the employee.
- Contact him only between 7 a.m. and 9 p.m. Monday thru Saturday, between 1 p.m. and 5 p.m. Sundays, and not on a holiday.
- Cannot contact him more than 3 times in a 7 day period without his consent, once the agency has actually spoken with him.
- Cannot use threatening, profane, intimidating or coercive language, or use undue, excessive or unreasonable pressure.
- Cannot contact the employer, except on one occasion to obtain his employment information, unless the employer has guaranteed the debt, the call is in respect of a court order or wage assignment, or if he have provided written authorization to contact the employer.
If any collector abuses the above, contact the Ministry of Government Services at 1-800-268-1142 to issue a complaint.
This employer was able to help the employee. He confirmed the employee's rights and responsibilities, and referred him to their employee assistance program for credit counselling. Additionally, the employer contracted for workshops at the plant.
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