Enforcement of a Small Claims Judgment (20:XVII) - Revision history

LSLAP at 19:42, 13 October 2025

2025-10-13T19:42:07Z

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LSLAP: /* I. Debt collection */

2025-09-29T22:20:24Z

I. Debt collection

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	== I. Debt collection ==		== I. Debt collection ==

	Part 7 of the ''Business Practices and Consumer Protection Act'' (BPCPA) deals with debt collection practices and applies to all transactions, including consumer to consumer, business to consumer, and consumer to business. A collector is defined as “any person, whether in British Columbia or not, who is collecting or attempting to collect a debt”. Collectors should be aware of the BPCPA because there are penalties and fines associated with violating the provisions. For example, Part 10 s 171 of the Act gives rise to a statutory cause of action in Provincial Court to recover damages caused by contraventions of the Act and also gives the Provincial Court jurisdiction for defamation and malicious prosecution.		Part 7 of the ''Business Practices and Consumer Protection Act'' (''BPCPA'') deals with debt collection practices and applies to all transactions, including consumer to consumer, business to consumer, and consumer to business. A collector is defined as “any person, whether in British Columbia or not, who is collecting or attempting to collect a debt”. Collectors should be aware of the ''BPCPA'' because there are penalties and fines associated with violating the provisions. For example, Part 10 s 171 of the Act gives rise to a statutory cause of action in Provincial Court to recover damages caused by contraventions of the Act and also gives the Provincial Court jurisdiction for defamation and malicious prosecution.

	== J. Civil Resolution Tribunal ==		== J. Civil Resolution Tribunal ==

LSLAP: /* F. Default Hearing */

2025-09-29T22:19:19Z

F. Default Hearing

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	== F. Default Hearing ==		== F. Default Hearing ==

	If the debtor does not comply with a payment schedule, the creditor may request a default hearing by filing Form 14: Summons to a Default Hearing. The creditor should request from the debtor the same documents as would be requested for a Payment Hearing. The summons must be served personally by '''either''' a court bailiff or a sheriff (i.e., not the creditor) at least ~~seven~~ days before the hearing (''SCR'', Rule 13(5)). The judge at the hearing may confirm or vary the terms of the payment schedule (Rule 13(7)) or imprison the debtor if the defendant does not appear or if the reason for failing to comply with the payment schedule amounts to contempt of court (Rules 13(8) and (9)).		If the debtor does not comply with a payment schedule, the creditor may request a default hearing by filing Form 14: Summons to a Default Hearing. The creditor should request from the debtor the same documents as would be requested for a Payment Hearing. The summons must be served personally by '''either''' a court bailiff or a sheriff (i.e., not the creditor) at least 14 days before the hearing (''SCR'', Rule 13(5)). The judge at the hearing may confirm or vary the terms of the payment schedule (Rule 13(7)) or imprison the debtor if the defendant does not appear or if the reason for failing to comply with the payment schedule amounts to contempt of court (Rules 13(8) and (9)).

	A person summoned to a default hearing must do the following pursuant to Rules 13(6)-13(6.2). A person must file at the registry a supporting materials cover sheet (Form 39), a statement of finances (Form 40), records or other things required by the summons, and any other records that they wish to rely on at least 7 days before the payment hearing. Form 39 need not be submitted if the person is not required to submit any other records under Rule 13(6). Form 40 need not be submitted if the debtor is a corporation or partnership. The person must serve on the other party everything filed pursuant to Rule 13(6) at least 2 business days prior to the default hearing date. If the debtor’s finances change significantly prior to the hearing, the debtor must file and serve on the other party an updated statement of finances (Form 40) with the supporting materials cover sheet (Form 39).		A person summoned to a default hearing must do the following pursuant to Rules 13(6)-13(6.2). A person must file at the registry a supporting materials cover sheet (Form 39), a statement of finances (Form 40), records or other things required by the summons, and any other records that they wish to rely on at least 7 days before the payment hearing. Form 39 need not be submitted if the person is not required to submit any other records under Rule 13(6). Form 40 need not be submitted if the debtor is a corporation or partnership. The person must serve on the other party everything filed pursuant to Rule 13(6) at least 2 business days prior to the default hearing date. If the debtor’s finances change significantly prior to the hearing, the debtor must file and serve on the other party an updated statement of finances (Form 40) with the supporting materials cover sheet (Form 39).

Nate Russell: review confirmed 2025

2025-08-29T00:19:39Z

review confirmed 2025

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LSLAP at 22:32, 12 August 2025

2025-08-12T22:32:22Z

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	A payment hearing may be scheduled before a judge or justice of the peace (''SCR'', Rule 12). The default method of appearance is by telephone or Teams audio or videoconference. The payment hearing will determine the debtor’s ability to pay and whether a payment schedule should be ordered (''SCR'', Rule 12(1)). Such a hearing may be requested by a creditor or debtor or ordered by a judge (''SCR'', Rule 12(2)). However, if a creditor has an order for seizure and sale, they must get the permission of a judge to also have a payment hearing. The debtor must bring records and evidence of income and assets, debts owed to and by the debtor, any assets the debtor has disposed of since the claim arose, and the means that the debtor has, or may have in the future, of paying the judgment (''SCR'', Rule 12(12)). Costs to the applicant in such a proceeding are added to the sum of the judgment.		A payment hearing may be scheduled before a judge or justice of the peace (''SCR'', Rule 12). The default method of appearance is by telephone or Teams audio or videoconference. The payment hearing will determine the debtor’s ability to pay and whether a payment schedule should be ordered (''SCR'', Rule 12(1)). Such a hearing may be requested by a creditor or debtor or ordered by a judge (''SCR'', Rule 12(2)). However, if a creditor has an order for seizure and sale, they must get the permission of a judge to also have a payment hearing. The debtor must bring records and evidence of income and assets, debts owed to and by the debtor, any assets the debtor has disposed of since the claim arose, and the means that the debtor has, or may have in the future, of paying the judgment (''SCR'', Rule 12(12)). Costs to the applicant in such a proceeding are added to the sum of the judgment.

	A creditor who requests a hearing must file Form 12: Summons to a Payment Hearing. The registry will set a date on the form and the person named in the summons must be served personally at least ~~seven~~ days before the date of the hearing (''SCR''Rules 12(7) and 18(12)(b)); service by mail is not permitted.		A creditor who requests a hearing must file Form 12: Summons to a Payment Hearing. The registry will set a date on the form and the person named in the summons must be served '''personally''' at least 14 days before the date of the hearing (''SCR''Rules 12(7) and 18(12)(b)) with (a) a blank supporting materials cover sheet (Form 39) and (b) a blank statement of finances (Form 40), unless the debtor is a corporation or a partnership; service by mail is not permitted.

	If the debtor is having difficulty paying, they can request a hearing by filing Form 13: Notice of Payment Hearing which must be served on the creditor at least ~~seven~~ days before the date of the hearing, but may be served by regular mail as long as it is mailed at least 21 days in advance of the hearing date (~~''SCR''~~Rules 12(11), 18(12)(b), and 18(13)).		A person summoned by a creditor to a payment hearing must do the following pursuant to Rules 12(9)-12(9.2). A person must file at the registry a supporting materials cover sheet (Form 39), a statement of finances (Form 40), records or other things required by the summons, and any other records that they wish to rely on at least 7 days before the payment hearing. Form 39 need not be submitted if the person is not required to submit any other records under Rule 9(2). Form 40 need not be submitted if the debtor is a corporation or partnership. The person must serve on the other party everything filed pursuant to Rule 12(9) at least 2 business days prior to the payment hearing date. If the debtor’s finances change significantly, the debtor must file and serve on the other party an updated statement of finances (Form 40) with the supporting materials cover sheet (Form 39).

			If the debtor is having difficulty paying, they can request a hearing by filing Form 13: Notice of Payment Hearing, the supporting materials cover sheet (Form 39), and a statement of finances (Form 40) which must be served on the creditor at least 14 days before the date of the hearing, but may be served by regular mail as long as it is mailed at least 21 days in advance of the hearing date (Rules 12(11), 18(12)(b), and 18(13)). If the debtor wishes to file any other records to rely upon in the hearing, they must file them with Form 39 at least 7 days prior to the hearing and must serve them on the other party at least 2 days prior to the hearing. If the debtor’s finances change significantly prior to the hearing, the debtor must file and serve on the other party a revised statement of finances (Form 40) with the supporting materials cover sheet (Form 39) before the start of the payment hearing.

	If a person who was properly summoned or ordered by the court to attend a payment hearing does not attend, the creditor may ask that the judge or justice of the peace issue a warrant (Form 9) arrest that person (''SCR'', Rule 12(15)).		If a person who was properly summoned or ordered by the court to attend a payment hearing does not attend, the creditor may ask that the judge or justice of the peace issue a warrant (Form 9) arrest that person (''SCR'', Rule 12(15)).
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	If the debtor does not comply with a payment schedule, the creditor may request a default hearing by filing Form 14: Summons to a Default Hearing. The creditor should request from the debtor the same documents as would be requested for a Payment Hearing. The summons must be served personally by '''either''' a court bailiff or a sheriff (i.e., not the creditor) at least seven days before the hearing (''SCR'', Rule 13(5)). The judge at the hearing may confirm or vary the terms of the payment schedule (Rule 13(7)) or imprison the debtor if the defendant does not appear or if the reason for failing to comply with the payment schedule amounts to contempt of court (Rules 13(8) and (9)).		If the debtor does not comply with a payment schedule, the creditor may request a default hearing by filing Form 14: Summons to a Default Hearing. The creditor should request from the debtor the same documents as would be requested for a Payment Hearing. The summons must be served personally by '''either''' a court bailiff or a sheriff (i.e., not the creditor) at least seven days before the hearing (''SCR'', Rule 13(5)). The judge at the hearing may confirm or vary the terms of the payment schedule (Rule 13(7)) or imprison the debtor if the defendant does not appear or if the reason for failing to comply with the payment schedule amounts to contempt of court (Rules 13(8) and (9)).

			A person summoned to a default hearing must do the following pursuant to Rules 13(6)-13(6.2). A person must file at the registry a supporting materials cover sheet (Form 39), a statement of finances (Form 40), records or other things required by the summons, and any other records that they wish to rely on at least 7 days before the payment hearing. Form 39 need not be submitted if the person is not required to submit any other records under Rule 13(6). Form 40 need not be submitted if the debtor is a corporation or partnership. The person must serve on the other party everything filed pursuant to Rule 13(6) at least 2 business days prior to the default hearing date. If the debtor’s finances change significantly prior to the hearing, the debtor must file and serve on the other party an updated statement of finances (Form 40) with the supporting materials cover sheet (Form 39).

	The Registrar’s authority to waive fees extends only to registry services and '''not''' court bailiff or sheriff’s services. If a creditor cannot afford a court bailiff’s or the sheriff’s services, the claimant can complete an Application to a Judge seeking, pursuant to Rule 13(8), to hold the debtor in contempt and obtain a Warrant of Imprisonment to imprison the debtor for up to 20 days. This application can be served personally by the applicant to avoid the court bailiff’s or sheriff’s fees. If the creditor will testify at the hearing as to the debtor’s failure to comply with the payment schedule, an affidavit is not required.		The Registrar’s authority to waive fees extends only to registry services and '''not''' court bailiff or sheriff’s services. If a creditor cannot afford a court bailiff’s or the sheriff’s services, the claimant can complete an Application to a Judge seeking, pursuant to Rule 13(8), to hold the debtor in contempt and obtain a Warrant of Imprisonment to imprison the debtor for up to 20 days. This application can be served personally by the applicant to avoid the court bailiff’s or sheriff’s fees. If the creditor will testify at the hearing as to the debtor’s failure to comply with the payment schedule, an affidavit is not required.
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	== I. Debt collection ==		== I. Debt collection ==

	Part 7 of the ''Business Practices and Consumer Protection Act'' (BPCPA) deals with debt collection practices and applies to all transactions, including consumer to consumer, business to consumer, and consumer to business. A collector is defined as “any person, whether in British Columbia or not, who is collecting or attempting to collect a debt”. Collectors should be aware of the ~~prescriptions in this~~ BPCPA because there are penalties and fines associated with violating the provisions. For example, Part 10 s 171 of the Act gives rise to a statutory cause of action in Provincial Court to recover damages caused by contraventions of the Act and also gives the Provincial Court jurisdiction for defamation and malicious prosecution.		Part 7 of the ''Business Practices and Consumer Protection Act'' (BPCPA) deals with debt collection practices and applies to all transactions, including consumer to consumer, business to consumer, and consumer to business. A collector is defined as “any person, whether in British Columbia or not, who is collecting or attempting to collect a debt”. Collectors should be aware of the BPCPA because there are penalties and fines associated with violating the provisions. For example, Part 10 s 171 of the Act gives rise to a statutory cause of action in Provincial Court to recover damages caused by contraventions of the Act and also gives the Provincial Court jurisdiction for defamation and malicious prosecution.

	== J. Civil Resolution Tribunal ==		== J. Civil Resolution Tribunal ==

LSLAP at 17:53, 7 August 2024

2024-08-07T17:53:58Z

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Clicklaw Editor at 18:57, 19 September 2023

2023-09-19T18:57:38Z

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LSLAP: removed outdated section on Notice of Objection at CRT.

2023-09-08T21:18:59Z

removed outdated section on Notice of Objection at CRT.

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	== J. Civil Resolution Tribunal ==		== J. Civil Resolution Tribunal ==

	Under the ''Civil Resolution Tribunal Act'', section 58.1, a CRT order may be enforced by filing it in the BC Provincial Court. This can be done if a party has either a consent resolution order, or a final decision. The BC Provincial Court must be provided with a validated copy of the order. A validated copy of a CRT order is sent with the CRT decision. ~~The CRT will not provide parties with~~ a ~~validated~~ small claims order ~~until~~ the ~~time limit~~ for making a Notice of Objection ~~has expired~~, ~~and~~ only ~~if no Notice of Objection was filed. Once a small claims order~~ is ~~received, it can be filed immediately~~.		Under the ''Civil Resolution Tribunal Act'', section 58.1, a CRT order may be enforced by filing it in the BC Provincial Court. This can be done if a party has either a consent resolution order, or a final decision. The BC Provincial Court must be provided with a validated copy of the order. A validated copy of a CRT order is sent with the CRT decision. Once a small claims order is received, it can be filed immediately. Effective from July 1st, 2022, the BC government amended the CRTA to remove a previously existing process for parties to dispute the decision by making a Notice of Objection. As such, the only remaining option to appeal CRT decisions now is through application for judicial review.

	When a CRT order is filed with the BC Provincial Court, it has the same force and effect as if it were a judgment of the BC Provincial Court. The enforcement procedures are within the Court’s jurisdiction. That is, the CRT has no powers of enforcement for its own orders, or for orders from other tribunals such as the Residential Tenancy Branch.		When a CRT order is filed with the BC Provincial Court, it has the same force and effect as if it were a judgment of the BC Provincial Court. The enforcement procedures are within the Court’s jurisdiction. That is, the CRT has no powers of enforcement for its own orders, or for orders from other tribunals such as the Residential Tenancy Branch.

Clicklaw Editor: /* C. Garnishment After Judgment */

2022-11-23T21:29:12Z

C. Garnishment After Judgment

← Older revision		Revision as of 21:29, 23 November 2022
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	== C. Garnishment After Judgment ==		== C. Garnishment After Judgment ==

	Garnishment requires a third party, often the debtor’s employer or bank, to pay money owing to the debtor into court instead of to the debtor. The creditor must file an affidavit that describes the amount of the payment order, the amount still owing, and the name and address of the garnishee. The affidavit must be sworn before a notary, a lawyer, or a justice of the peace at the registry. Certain assets such as social assistance payments (welfare, disability) and joint accounts may not be garnished. With some exceptions, only 30 percent of the debtor’s salary can be garnished (''Court Order Enforcement Act'', RSBC 1996, c 78, ~~s-s~~ 3(5)-(7)).		Garnishment requires a third party, often the debtor’s employer or bank, to pay money owing to the debtor into court instead of to the debtor. The creditor must file an affidavit that describes the amount of the payment order, the amount still owing, and the name and address of the garnishee. The affidavit must be sworn before a notary, a lawyer, or a justice of the peace at the registry. Certain assets such as social assistance payments (welfare, disability) and joint accounts may not be garnished. With some exceptions, only 30 percent of the debtor’s salary can be garnished (''Court Order Enforcement Act'', RSBC 1996, c 78, ss 3(5)-(7)).

	The creditor must also fill out a garnishing order identifying the garnishee (the bank or the employer) with its full legal name and address. In the case of a bank, the specific branch must be identified and must be located in British Columbia. The garnishee will pay the entire amount it owes the debtor (i.e., the positive balance in a bank account). The garnishing order does not freeze the account; the claimant may re-garnish the bank at any time.		The creditor must also fill out a garnishing order identifying the garnishee (the bank or the employer) with its full legal name and address. In the case of a bank, the specific branch must be identified and must be located in British Columbia. The garnishee will pay the entire amount it owes the debtor (i.e., the positive balance in a bank account). The garnishing order does not freeze the account; the claimant may re-garnish the bank at any time.
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	Once an order for garnished wages is served on the garnishee, the order is only valid for wages due and owing within '''seven''' days (''Court Order Enforcement Act'', RSBC 1996, c 78, s 1) – it is therefore critical to have some knowledge relating to the debtor’s pay schedule. If the garnishee owes money to the debtor, they must pay the amount owed to the court. All money paid into court is held until further order of the court.		Once an order for garnished wages is served on the garnishee, the order is only valid for wages due and owing within '''seven''' days (''Court Order Enforcement Act'', RSBC 1996, c 78, s 1) – it is therefore critical to have some knowledge relating to the debtor’s pay schedule. If the garnishee owes money to the debtor, they must pay the amount owed to the court. All money paid into court is held until further order of the court.

	A creditor may apply for the garnishment of a debtor’s bank account and accounts receivable '''before''' a judgment is reached. This is called a pre-judgment garnishing order. For more information, see '''Chapter 10, Section III.B.4.: Garnishment of Bank Accounts and Other Accounts Receivable'''.		A creditor may apply for the garnishment of a debtor’s bank account and accounts receivable '''before''' a judgment is reached. This is called a pre-judgment garnishing order. For more information, see '''Chapter 10, Section III.B.5.: Garnishment of Bank Accounts and Other Accounts Receivable'''.

	== D. Payment Hearing ==		== D. Payment Hearing ==

Clicklaw Editor: /* C. Garnishment After Judgment */

2022-11-23T21:23:50Z

C. Garnishment After Judgment

← Older revision		Revision as of 21:23, 23 November 2022
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	Once an order for garnished wages is served on the garnishee, the order is only valid for wages due and owing within '''seven''' days (''Court Order Enforcement Act'', RSBC 1996, c 78, s 1) – it is therefore critical to have some knowledge relating to the debtor’s pay schedule. If the garnishee owes money to the debtor, they must pay the amount owed to the court. All money paid into court is held until further order of the court.		Once an order for garnished wages is served on the garnishee, the order is only valid for wages due and owing within '''seven''' days (''Court Order Enforcement Act'', RSBC 1996, c 78, s 1) – it is therefore critical to have some knowledge relating to the debtor’s pay schedule. If the garnishee owes money to the debtor, they must pay the amount owed to the court. All money paid into court is held until further order of the court.

	A creditor may apply for the garnishment of a debtor’s bank account and accounts receivable '''before''' a judgment is reached. This is called a pre-judgment garnishing order. For more information, see '''Section III.B.4.: ~~“Garnishment~~ of Bank Accounts and Other Accounts Receivable ~~in Chapter 10: Creditors’ Remedies and Debtors’ Assistance.~~'''		A creditor may apply for the garnishment of a debtor’s bank account and accounts receivable '''before''' a judgment is reached. This is called a pre-judgment garnishing order. For more information, see '''Chapter 10, Section III.B.4.: Garnishment of Bank Accounts and Other Accounts Receivable'''.

	== D. Payment Hearing ==		== D. Payment Hearing ==