Legal Question in Credit and Debt Law in Canada
wage garnishee
I ordered $300 worth of oil for my home. The company in question accidentally gave us $700 worth of oil. We have paid the $300 and now the company is threatening to garnishee my wage for the remainder. Do they have legal recourse to do this?
1 Answer from Attorneys
Re: wage garnishee
You can't keep what is not yours; the extra $400 worth was delivered by mistake and your options are two:
(a) pay for it, or
(b) invite the company to pump out the extra $400 worth.
The company can not garnishee your wages unless they have sued you and won a judgment, but they can garnishee your bank account at the time they sue you, prior to obtaining a judgment.If they do that the money will be held by the Court until the Court determines if you owe the money or not.
As you will need oil at some time in the future, why don't you call the company and negotiate a payment plan over time. As the incorrect delivery was not your fault you should offer to pay for the extra $400 over a reasonable time without interest.
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