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Difference between revisions of "Foreign Claims and Judgments"
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{{REVIEWEDPLS | reviewer = [[Alison Ward]]|date= August 2018}}{{Consumer and Debt Law TOC|expanded = goingcourt}} | {{REVIEWEDPLS | reviewer = [[Alison Ward]]|date= August 2018}}{{Consumer and Debt Law TOC|expanded = goingcourt}} | ||
A '''“foreign” claim or judgment''' means a claim or judgment made in a jurisdiction outside the province of British Columbia. | A '''“foreign” claim or judgment''' means a claim or judgment made in a jurisdiction outside the province of British Columbia. | ||
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* Client tells you that a creditor is trying to collect on a debt or judgment from another province or from the United States.
| * Client tells you that a creditor is trying to collect on a debt or judgment from another province or from the United States.
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* Client has been served with legal documents from another province or the United States that show that a creditor is suing or threatening to sue the client in that jurisdiction.
| * Client has been served with legal documents from another province or the United States that show that a creditor is suing or threatening to sue the client in that jurisdiction.
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== Summary of the law == | == Summary of the law == | ||
[[File:Consumer_Law_and_Debt_-_Foreign_Claims_and_Judgments.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istockphoto.com</span>]] | |||
This section provides a brief introduction to the law on claims and judgments that originate outside BC. In general, you should consult a lawyer about such claims. This section does not cover enforcement of maintenance claims under family law statutes. | This section provides a brief introduction to the law on claims and judgments that originate outside BC. In general, you should consult a lawyer about such claims. This section does not cover enforcement of maintenance claims under family law statutes. | ||
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The law of foreign claims and judgments is complex. A claim or judgment may eventually be enforceable against the debtor in BC. Debts are not left behind if a debtor moves from Ontario to BC, for example. | The law of foreign claims and judgments is complex. A claim or judgment may eventually be enforceable against the debtor in BC. Debts are not left behind if a debtor moves from Ontario to BC, for example. | ||
If a debt was incurred in a foreign jurisdiction and the debtor is now in BC, the creditor usually has a choice of suing the debtor in the foreign jurisdiction or in BC. If the creditor sues on the debt in BC, the debtor can respond and consider appropriate BC court remedies in the usual way (see the section on the Court Process in Consumer and Debt Matters). | If a debt was incurred in a foreign jurisdiction and the debtor is now in BC, the creditor usually has a choice of suing the debtor in the foreign jurisdiction or in BC. If the creditor sues on the debt in BC, the debtor can respond and consider appropriate BC court remedies in the usual way (see the section on the [[Court Process in Consumer and Debt Matters]]). | ||
If the creditor sues on the debt in the foreign jurisdiction, the debtor faces the obvious disadvantage of trying to defend or resolve the matter in that jurisdiction. Creditors almost always first sue in the foreign jurisdiction (that is, foreign to the debtor) because it is usually more convenient for them. Just because the debtor does not live there does not mean that the courts there will not let the case go ahead. In general, as long as the creditor satisfies the court that the debt arose in that jurisdiction and that the debtor has been served with the necessary court paperwork for that jurisdiction, the court will give a judgment. | If the creditor sues on the debt in the foreign jurisdiction, the debtor faces the obvious disadvantage of trying to defend or resolve the matter in that jurisdiction. Creditors almost always first sue in the foreign jurisdiction (that is, foreign to the debtor) because it is usually more convenient for them. Just because the debtor does not live there does not mean that the courts there will not let the case go ahead. In general, as long as the creditor satisfies the court that the debt arose in that jurisdiction and that the debtor has been served with the necessary court paperwork for that jurisdiction, the court will give a judgment. | ||
Once a creditor has a judgment in the foreign jurisdiction, they may then take | Once a creditor has a judgment in the foreign jurisdiction, they may then take enforcement steps in BC. The law says there are two main ways a creditor can begin enforcement: | ||
* by starting a new legal action using the foreign judgment as a cause of action
| * by starting a new legal action using the foreign judgment as a cause of action
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* by registering the foreign judgment under provisions in the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act'']
| * by registering the foreign judgment under provisions in the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act'']
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If the client admits the claim (or judgment), you may be able to help arrange a repayment scheme. | If the client admits the claim (or judgment), you may be able to help arrange a repayment scheme. | ||
Alternatively, you may assist the debtor in seeking other financial remedies that include the foreign debt. For example, the debtor can usually include the foreign claim or judgment in an assignment in bankruptcy). | Alternatively, you may assist the debtor in seeking other financial remedies that include the foreign debt. For example, the debtor can usually include the foreign claim or judgment in an [[Assignments in Bankruptcy|assignment in bankruptcy]]). | ||
== Related topics and materials== | == Related topics and materials== | ||
See the other sections on going to court: | See the other sections on going to court: | ||
* Court Process in Consumer and Debt | * [[Court Process in Consumer and Debt Matters]]
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* | * [[Limitations]]
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* Instalment Payment | * [[Instalment Payment Orders]]
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* Contempt of | * [[Contempt of Court]]
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See related topics: | See related topics: | ||
* Assignments in | * [[Assignments in Bankruptcy]]
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* Contract Defences | * [[Contract Defences]] | ||
{{Consumer and Debt Law Navbox|type = court}} | {{Consumer and Debt Law Navbox|type = court}} | ||
