Clicklaw Wikibooks - User contributions [en]

Talk:Someone Owes You Money

2013-04-10T18:39:30Z

JoanH: Created page with "added link to Consumer Protection BC debt portal for referalls. ~~~~"

added link to Consumer Protection BC debt portal for referalls. [[User:JoanH|JoanH]] ([[User talk:JoanH|talk]]) 18:39, 10 April 2013 (UTC)

Someone Owes You Money

2013-04-10T18:38:24Z

JoanH: /* How do I collect my money if the judge decides in my favour? */

{{Consumer Law Wikibook TOC}}
Suppose you loaned someone an amount of money. They promised to pay the debt within three months. But they did not pay the debt.

You want your money. What can you do?

This section looks at what you can do to collect on a debt.

==How do I write a demand letter?==

You can write a '''demand letter''', which is a letter that says how much the person owes you and tells them they must pay you. For example, a demand letter about a loan can say something like this:

<blockquote>''I am writing about a loan I made you of'' ______________('''amount''') ''on'' ______________('''date of loan''') ''for'' ______________('''purpose of loan'''). ''Our agreement was that you would pay this loan in full by'' ______________('''date of repayment'''). ''To date, you have not made any payments. It has now been'' ______________ ('''number of days''') ''since the loan was due. The full amount of'' ______________('''amount''') ''is now due. If I do not receive payment in full by'' ______________('''give a date'''), ''I will take legal action to recover the amount of the loan, as well as interest, filing fees, and any other costs. If you have any questions, please feel free to contact me at''______________ ('''your phone number''').</blockquote>

You can write a demand letter yourself or you can ask a lawyer to write it for you. A demand letter sent on the lawyer’s letterhead is often very effective. If a demand letter does not work, you may need to go to court.

[[File:ConsumerLawGuidePage8.jpg|200px|thumb|right]]

==When do I go to court?==

You can go to Small Claims Court if the debt someone owes you is for $25,000 or less. If the debtor owes you more than the $25,000 limit, for example $28,000, you can make a claim for $25,000 plus some contribution for your expenses.

Small Claims Court is for people who do not have a lawyer. There are Small Claims Courts located throughout the province. To find out how to make a claim in Small Claims Court, go to Clicklaw, online at [http://www.clicklaw.bc.ca www.clicklaw.bc.ca]. Type "Small Claims" in the search box. The site links you to a video about Small Claims Court, available in Chinese, Punjabi, Vietnamese, and English, among other resources.

To collect more than $25,000, you have to go to BC’s Supreme Court. This is much more complicated and expensive than Small Claims Court. To find out how to make a claim in Supreme Court, go to [http://www.clicklaw.bc.ca www.clicklaw.bc.ca] and type "Supreme Court" in the search box. If you are in the Lower Mainland, you may wish to visit the [http://www.clicklaw.bc.ca/helpmap/service/1111 Vancouver Justice Access Centre] where staff can give you information about bringing a claim in Supreme Court.

==Getting legal help from a lawyer==

If you want to go to court, it would be a good idea to talk to a lawyer. Here are two places to contact for help:

* '''Lawyer Referral Service''' is a program where you can get advice and information from a lawyer for a fee of $25 plus taxes for the first 30 minutes.To contact Lawyer Referral, call 604-687-3221 in Greater Vancouver or toll-free at 1-800-663-1919 from anywhere else in the province. More detailed information about the service is available on the [http://www.clicklaw.bc.ca/helpmap/service/1044 Clicklaw HelpMap].

* '''Access Pro Bono''' is a program for people who cannot afford a lawyer and who cannot get legal aid. Access Pro Bono offers clinics across BC where experienced lawyers volunteer to provide free legal advice. Call 604-878-7400 in Greater Vancouver or toll-free at 1-877-762-6664 from anywhere else in the province. More information is available on their website at [http://www.accessprobono.ca www.accessprobono.ca] or the [http://www.clicklaw.bc.ca/helpmap/service/1040 Clicklaw HelpMap].

===When should I speak to the lawyer?===

'''Do not wait''' until the day before trial before you start asking a lawyer about what to do in court. There are limits on the time you have to collect the debt through the court.

[[File:ConsumerLawGuidePage9.jpg|200px|thumb|right]]

===How should I prepare for meeting with a lawyer?===

Gather all the relevant facts and documents before you meet with the lawyer. You want to get the most out of your interview. Be ready to tell the lawyer the answers to these questions:

* How did the debt come about?

* What documents do you have that support your claim?

* How much are you owed?

* What is the repayment plan?

* What information do you have about the ability of the debtor to pay?

===How do I collect my money if the judge decides in my favour?===

If the judge rules in your favour, the debtor is expected to pay up. But sometimes the debtor just ignores the judge. In this case, you may have to go back to court and ask the judge to force the debtor to pay the debt. For example, the judge can:

* take money from the debtor’s wages,

* have a court official seize the debtor’s property, or

* make the debtor come to court to explain why he or she has not paid the debt.

'''Never try to take property or threaten a debtor. This is against the law.'''

==Additional resources==
To find out more about debt collection law please visit [http://www.debtrightsbc.ca Consumer Protection Debt Information].

{{Consumer Law Wikibook Navbox}}

Making a Purchase

2013-04-10T18:31:22Z

JoanH: /* Step 3: File a complaint */

{{Consumer Law Wikibook TOC}}Suppose you bought something and you are not satisfied with it. What can you do? You have the right to make a complaint when something that you bought:
* did not do what it said it would do, or
* was not of satisfactory quality, or
* was not as described.

However, you also have the responsibility to find out a store's policies before you buy, and take proper care of things you buy and follow the instructions to use them.

==How do I start a complaint?==

===Step 1: Collect the information===

[[File:ConsumerLawGuidePage3.jpg|thumb|200px|right]]
For example:
* Prepare a description of the '''goods''' you bought. This can include anything the seller said to you about the goods, anything the seller advertised, or anything the seller gave you in writing.
* How much you paid, and receipts or other proofs of purchase.
* Copies of any documents, for example, a '''warranty'''.
* Details of the problem:
** what the problem is with the goods you bought,
** when you first noticed the problem,
** how long you have had the goods, or
** if you have not had the goods at all, when you were supposed to receive them?

===Step 2: Be ready to keep notes on what happens===

* '''Who''' did you talk to? (Ask for the person's name or title - sales clerk, manager, etc.)
* '''When''' did you talk to them?
* '''What''' did you tell them:
**about the problem, and
**about what you want them to do?
* '''What''' did they say to you?
* '''What''' was the next step that:
**you said you would take, or
**they said they would take?

===Step 3: Let the company know you have a problem===

[[File:ConsumerLawGuidePage4.jpg|thumb|300px|right]]
The first step is to find the right person to talk to about the problem. You may contact the store or company in person or you may make a phone call. Have your information with you. You could start with something like this:

<blockquote>''My name is __________. I would like to make a complaint about the product I bought from your company. Could you direct me to the person who handles complaints?''</blockquote>

They may tell you that you have to make your complaint in writing. If they do this, ask for the name and address you send the letter to.

The Canadian Consumer Information Gateway has a Complaint Roadmap, an information tool that provides a step-by-step approach to help you present your complaint to a business. The Roadmap includes a sample complaint letter that you can use to develop your letter. Visit [http://www.consumerinformation.ca www.consumerinformation.ca] and look under "Complaint Roadmap".

==Steps to make a complaint==

There are three steps to make your complaint. You can use them if you make a complaint in person, by phone, or by letter.

===Step 1: Explain the problem===

You can say something like this:

<blockquote>''I bought my'' _________________ ('''the item you purchased''') ''on'' ____________('''date'''), ''at'' ____________('''location'''). ''The model number is _________________. I am contacting you because the product is:'' ('''choose one''')

:* ''not working right''
:* ''cannot do what it is meant to do'' </blockquote>

===Step 2: Explain what you want===

You can say something like this:

<blockquote>''I think it is only fair that you:'' ('''choose one''')
:* ''replace the product''
:* ''provide me with a refund''
:* ''repair the product free of charge''
</blockquote>

The person from the store or company may agree to do what you ask for. In this case, ask ''when'' they will do this.

If the person does not agree to do what you ask for, ask to speak to the manager of the company or to the head office. Get the phone number or the address.
If you do not get what you want from the store or company, tell them what you will do next. You can say something like this:

<blockquote>''I still hope we can reach an agreement on this. If not, I will stop buying from your company and I will tell other people about this problem. If I do not hear from you by''____________ ('''give a date''')'' my next step will be to:'' ('''choose one or more''')

:* ''file a complaint with Consumer Protection BC'' 
:* ''file a complaint with the Better Business Bureau'' </blockquote>

Then give your details:
<blockquote>
*''You can reach me at'' ____________('''your address'''). ''I'll be waiting to hear from you by'' ____________('''date''').
</blockquote>

If you do not hear back, take the next step. Do what you have told the store or company you will do.

===Step 3: File a complaint===

If you still do not get a satisfactory response from the store or company, you can file a complaint. One option you have for filing a complaint:

:*'''Better Business Bureau (BBB)''' receives complaints about local businesses. Visit [http://mbc.bbb.org/consumers mbc.bbb.org/consumers] and look under "Complaints".

You may also contact Consumer Protection BC for information and referrals on where you may file a complaint about a specific business type. Visit [http://consumerprotectionbc.ca consumerprotectionbc.ca], look under "[http://www.consumerprotectionbc.ca/consumers-alias/help-for-how-can-we-help Help for Consumers]" and select "Resolving Problems".

==Small Claims Court==

If you cannot solve the problem, your next step may be to make a claim in '''Small Claims Court'''. To find out how to make a claim in Small Claims Court, go to [http://www.clicklaw.bc.ca www.clicklaw.bc.ca], and type in "Small Claims" in the search box. The site links you to a [http://www.clicklaw.bc.ca/resource/1514 video about Small Claims Court] available in Chinese, Punjabi, Vietnamese, and English, among other resources.

{{REVIEWED | reviewer = [[People's Law School]], 2013}}

{{Consumer Law Wikibook Navbox}}

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