Introduction to Debtors' Options (10:IV) - Revision history

LSLAP at 19:11, 13 October 2025

2025-10-13T19:11:22Z

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	{{REVIEWED LSLAP \| date= ~~September 2~~, ~~2024~~}}		{{REVIEWED LSLAP \| date= 18 July, 2025}}
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LSLAP: /* D. Credit Reporting Agencies */

2025-09-28T22:41:36Z

D. Credit Reporting Agencies

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	'''A credit reporting agency cannot give out an individual’s personal credit report without that individual’s consent.''' When one seeks credit, they will be asked to consent to the lender obtaining a credit report or a credit check. (After consent is given, the lender can obtain a “soft check” periodically meaning they can view the report relating to their loans).		'''A credit reporting agency cannot give out an individual’s personal credit report without that individual’s consent.''' When one seeks credit, they will be asked to consent to the lender obtaining a credit report or a credit check. (After consent is given, the lender can obtain a “soft check” periodically meaning they can view the report relating to their loans).

	Certain information cannot be included in a credit report, e.g., criminal charges (unless the individual was convicted), convictions more than six years old, and information about race, religion or political affiliation (BPCPA, s 109(1)).		Certain information cannot be included in a credit report, e.g., criminal charges (unless the individual was convicted), convictions more than six years old, and information about race, religion or political affiliation (''BPCPA'', s 109(1)).

	Credit reporting agencies’ records are not always accurate and up to date. The quality and accuracy of the credit information depends on the credit information provided by the credit-granting companies who sign up with the credit reporting agencies. If an individual finds incorrect information on their file, they can report the error to the agency that provided the information to have it corrected. If an individual has proof that their credit report contains an error and they are unable to resolve it with the creditor directly, the individual should contact the credit reporting agencies who are reporting the incorrect information.		Credit reporting agencies’ records are not always accurate and up to date. The quality and accuracy of the credit information depends on the credit information provided by the credit-granting companies who sign up with the credit reporting agencies. If an individual finds incorrect information on their file, they can report the error to the agency that provided the information to have it corrected. If an individual has proof that their credit report contains an error and they are unable to resolve it with the creditor directly, the individual should contact the credit reporting agencies who are reporting the incorrect information.

LSLAP at 22:39, 28 September 2025

2025-09-28T22:39:23Z

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	Where a creditor is pressuring a debtor for payment, a debtor may send a “without prejudice” letter to the creditor explaining their position and/or offering a settlement. See [[Dealing_with_Debt_(10:V) \| Section V.F: Settlements]].		Where a creditor is pressuring a debtor for payment, a debtor may send a “without prejudice” letter to the creditor explaining their position and/or offering a settlement. See [[Dealing_with_Debt_(10:V) \| Section V.F: Settlements]].

	A debtor cannot seek to avoid defending an action in court where that action takes place in another province on the grounds that the court lacks jurisdiction. An action under s 29 of the ''COEA'' to enforce an extra-provincial default judgment may proceed where the debtor was served but chose not to offer any defence to the original statement of claim. The creditor simply registers a judgment from another province in B.C., and it becomes a B.C. judgment. Furthermore, as a result of the decisions in ''[https://www.canlii.org/en/ca/scc/doc/1990/1990canlii29/1990canlii29.html?autocompleteStr=Morguard%20Investments%20v%20De%20Savoye%2C%20%5B1990%5D%203%20SCR%201077&autocompletePos=1 Morguard Investments Ltd v De Savoye]'', 1990 CanLII 29[1990] 3 SCCR 1077 and ''[[https://www.canlii.org/en/ca/scc/doc/2003/2003scc72/2003scc72.html?autocompleteStr=Beals%20v%20Saldanha%2C%20%5B2003%5D%203%20SCR%20416%2C%202003%20SCC%2072&autocompletePos=1 Beals v Saldanha]'', 2003 SCC 72[2003] 3 SCR 416, 2003 SCC 72, American and other international default judgments can also be enforced in B.C.		A debtor cannot seek to avoid defending an action in court where that action takes place in another province on the grounds that the court lacks jurisdiction. An action under s 29 of the ''COEA'' to enforce an extra-provincial default judgment may proceed where the debtor was served but chose not to offer any defence to the original statement of claim. The creditor simply registers a judgment from another province in B.C., and it becomes a B.C. judgment. Furthermore, as a result of the decisions in ''[https://www.canlii.org/en/ca/scc/doc/1990/1990canlii29/1990canlii29.html?autocompleteStr=Morguard%20Investments%20v%20De%20Savoye%2C%20%5B1990%5D%203%20SCR%201077&autocompletePos=1 Morguard Investments Ltd v De Savoye]'', 1990 CanLII 29[1990] 3 SCCR 1077 and ''[https://www.canlii.org/en/ca/scc/doc/2003/2003scc72/2003scc72.html?autocompleteStr=Beals%20v%20Saldanha%2C%20%5B2003%5D%203%20SCR%20416%2C%202003%20SCC%2072&autocompletePos=1 Beals v Saldanha]'', 2003 SCC 72[2003] 3 SCR 416, 2003 SCC 72, American and other international default judgments can also be enforced in B.C.

	The process for enforcing a foreign judgment is simplified where the judgment originates from one of the reciprocating states listed in the ''COEA''. Examples of reciprocating states include all Canadian Provinces, most Australian states except for Western Australia, the United Kingdom, Germany, and a handful of states from the U.S. including California, Oregon, Colorado, Alaska, Idaho, and Washington. A comprehensive list can be found at: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/courtorderenflist. Judgments from one of the foregoing reciprocating states can simply be registered in the B.C.S.C.		The process for enforcing a foreign judgment is simplified where the judgment originates from one of the reciprocating states listed in the ''COEA''. Examples of reciprocating states include all Canadian Provinces, most Australian states except for Western Australia, the United Kingdom, Germany, and a handful of states from the U.S. including California, Oregon, Colorado, Alaska, Idaho, and Washington. A comprehensive list can be found at: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/courtorderenflist. Judgments from one of the foregoing reciprocating states can simply be registered in the B.C.S.C.

LSLAP: /* B. Legal Advice for Debtors Who Are Garnished */

2025-09-21T23:09:18Z

B. Legal Advice for Debtors Who Are Garnished

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	== B. Legal Advice for Debtors Who Are Garnished ==		== B. Legal Advice for Debtors Who Are Garnished ==

	The details of how an order for garnishment is obtained are found in the creditor’s remedy portion of the chapter, but debtors should be reminded that hardship may be a defence to garnishment. Therefore, a pre or post-judgment garnishment order may be varied where it would be unfair to the judgment debtor; it is generally easier to have a pre-judgment order varied.		The details of how an order for garnishment is obtained are found in the creditor’s remedy portion of the chapter, '''but debtors should be reminded that hardship may be a defence to garnishment'''. Therefore, a pre or post-judgment garnishment order may be varied where it would be unfair to the judgment debtor; it is generally easier to have a pre-judgment order varied.

	Under ss 3 or 4 of the ''COEA'', a judge has the discretion to set aside a garnishing order once the debtor has made an application. A judge will consider:		Under ss 3 or 4 of the ''COEA'', a judge has the discretion to set aside a garnishing order once the debtor has made an application. A judge will consider:

LSLAP at 00:35, 3 September 2024

2024-09-03T00:35:20Z

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	{{REVIEWED LSLAP \| date= ~~July 8~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= September 2, 2024}}
	{{LSLAP Manual TOC\|expanded = creditors}}		{{LSLAP Manual TOC\|expanded = creditors}}

LSLAP at 07:06, 27 August 2024

2024-08-27T07:06:39Z

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LSLAP at 18:08, 8 August 2023

2023-08-08T18:08:46Z

← Older revision		Revision as of 18:08, 8 August 2023
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	{{REVIEWED LSLAP \| date= July 8, ~~2022~~}}		{{REVIEWED LSLAP \| date= July 8, 2023}}
	{{LSLAP Manual TOC\|expanded = creditors}}		{{LSLAP Manual TOC\|expanded = creditors}}

LSLAP at 18:08, 8 August 2023

2023-08-08T18:08:31Z

Clicklaw Editor: /* D. Credit Reporting Agencies */

2022-10-03T18:55:19Z

D. Credit Reporting Agencies

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	:'''NOTE:''' Individuals should check their credit history regularly. Industry specialists suggest once per year. Credit reporting agencies will send a person a copy of their credit history by regular mail for free. As each agency operates in a different matter, individuals are encouraged to request their credit history from both agencies, as they will likely be different.		:'''NOTE:''' Individuals should check their credit history regularly. Industry specialists suggest once per year. Credit reporting agencies will send a person a copy of their credit history by regular mail for free. As each agency operates in a different matter, individuals are encouraged to request their credit history from both agencies, as they will likely be different.


	{{LSLAP Manual Navbox\|type=chapters8-14}}		{{LSLAP Manual Navbox\|type=chapters8-14}}

Clicklaw Editor: /* D. Credit Reporting Agencies */

2022-10-03T18:54:42Z

D. Credit Reporting Agencies

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	The ''Business Practices and Consumer Protection Act'' regulates the activities of the credit bureaus in order to minimize unfair treatment of the party seeking credit. Federal legislation, such as the ''Personal Information Protection and Electronic Documents Act'', SC 2000, c 5 [''PIPEDA''] and the ''Privacy Act'', RSC 1985, c P-21 also outline the requirements for organizations in their use, collection, and disclosure of personal information in their business practices. Credit information that these bureaus can disclose is the most common type of personal information, and includes one’s:		The ''Business Practices and Consumer Protection Act'' regulates the activities of the credit bureaus in order to minimize unfair treatment of the party seeking credit. Federal legislation, such as the ''Personal Information Protection and Electronic Documents Act'', SC 2000, c 5 [''PIPEDA''] and the ''Privacy Act'', RSC 1985, c P-21 also outline the requirements for organizations in their use, collection, and disclosure of personal information in their business practices. Credit information that these bureaus can disclose is the most common type of personal information, and includes one’s:
	*a) name, date of birth and address;		:a) name, date of birth and address;
	*b) current and former marital status;		:b) current and former marital status;
	*c) current and former place of work;		:c) current and former place of work;
	*d) payment habits; and		:d) payment habits; and
	*e) debts owing.		:e) debts owing.

	'''A credit reporting agency cannot give out an individual’s personal credit report without that individual’s consent.''' When one seeks credit, they will be asked to consent to the lender obtaining a credit report or a credit check. (After consent is given, the lender can obtain a “soft check” periodically meaning they can view the report relating to their loans).		'''A credit reporting agency cannot give out an individual’s personal credit report without that individual’s consent.''' When one seeks credit, they will be asked to consent to the lender obtaining a credit report or a credit check. (After consent is given, the lender can obtain a “soft check” periodically meaning they can view the report relating to their loans).

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	'''For pre-judgment orders only:'''		'''For pre-judgment orders only:'''

	#~~the~~ strengths and weaknesses of the defendant’s defence to the claim.		#The strengths and weaknesses of the defendant’s defence to the claim.

	'''For both pre and post-judgment orders:'''		'''For both pre and post-judgment orders:'''

	#~~whether~~ the judgment leaves the debtor with an inordinately low cash flow;		#Whether the judgment leaves the debtor with an inordinately low cash flow;
	#~~whether~~ there is a risk that the grant or continuance of the order will cause an injustice to the debtor;		#Whether there is a risk that the grant or continuance of the order will cause an injustice to the debtor;
	#~~whether~~ there is a possibility of abuse of process by the creditor; and		#Whether there is a possibility of abuse of process by the creditor; and
	#~~whether~~ the garnishment of certain payments, such as social assistance benefits, run counter to public policy		#Whether the garnishment of certain payments, such as social assistance benefits, run counter to public policy

	Furthermore, ss 3(5) and 4(4) of the ''COEA'' describes the limits to which a debtor’s wages may be garnished. Thus, if a debtor has a low income or has savings they depend on for the necessities of life, they can have the amount that is being garnished (or proposed to be garnished) reduced, the terms of the order varied, or the garnishment ended. A person who is subject to a Notice of Attachment under the Family Maintenance Enforcement Program can also try to have the amount that is being ‘garnished’ reduced. Additionally, a garnishing order from a civil action has to be renewed monthly, while a garnishing orderfor maintenance does not.		Furthermore, ss 3(5) and 4(4) of the ''COEA'' describes the limits to which a debtor’s wages may be garnished. Thus, if a debtor has a low income or has savings they depend on for the necessities of life, they can have the amount that is being garnished (or proposed to be garnished) reduced, the terms of the order varied, or the garnishment ended. A person who is subject to a Notice of Attachment under the Family Maintenance Enforcement Program can also try to have the amount that is being ‘garnished’ reduced. Additionally, a garnishing order from a civil action has to be renewed monthly, while a garnishing orderfor maintenance does not.
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	A collector must not communicate with a debtor, a member of the debtor’s family, a relative, a neighbour or the debtor’s employer in a manner or with a frequency as to constitute harassment. The following constitutes harassment:		A collector must not communicate with a debtor, a member of the debtor’s family, a relative, a neighbour or the debtor’s employer in a manner or with a frequency as to constitute harassment. The following constitutes harassment:
	:a) ~~using~~ threatening, profane, intimidating or coercive language;		:a) Using threatening, profane, intimidating or coercive language;
	:b) ~~exerting~~ undue, excessive or unreasonable pressure; and/or		:b) Exerting undue, excessive or unreasonable pressure; and/or
	:c) ~~publishing~~ or threatening to publish a debtor's failure to pay (''BPCPA'', s.114).		:c) Publishing or threatening to publish a debtor's failure to pay (''BPCPA'', s.114).

	A collector cannot communicate with a debtor at the debtor’s place of employment unless one of the following conditions is met:		A collector cannot communicate with a debtor at the debtor’s place of employment unless one of the following conditions is met:

	:a) ~~the~~ collector does not have the home address or telephone number for the debtor and the collector contacts the debtor solely for the purpose of requesting the debtor's home address or telephone number or both;		:a) The collector does not have the home address or telephone number for the debtor and the collector contacts the debtor solely for the purpose of requesting the debtor's home address or telephone number or both;
	:b) ~~the~~ collector has attempted to contact the debtor at the debtor’s home address or telephone number, but the collector has not contacted the debtor in any of these attempts (the collector is limited to one verbal attempt at the debtor’s place of employment (s 116(2)), meaning one call even if the debtor doesn’t answer or hangs up); or		:b) The collector has attempted to contact the debtor at the debtor’s home address or telephone number, but the collector has not contacted the debtor in any of these attempts (the collector is limited to one verbal attempt at the debtor’s place of employment (s 116(2)), meaning one call even if the debtor doesn’t answer or hangs up); or
	:c) ~~the~~ collector has been authorized by the debtor to communicate with the debtor at the debtor’s place of employment (s 116 (1)).		:c) The collector has been authorized by the debtor to communicate with the debtor at the debtor’s place of employment (s 116 (1)).

	When the collector is contacting the debtor, they must indicate the name of the creditor with whom the debt was incurred, the amount of the debt, and the identity and authority of the collector to collect the debt from the debtor (s 116 (3)).		When the collector is contacting the debtor, they must indicate the name of the creditor with whom the debt was incurred, the amount of the debt, and the identity and authority of the collector to collect the debt from the debtor (s 116 (3)).
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	Under s 122, no collector, whether on their own behalf or on behalf of another, directly, indirectly, or through others, shall:		Under s 122, no collector, whether on their own behalf or on behalf of another, directly, indirectly, or through others, shall:
	:a) ~~unless~~ there is a court order to the contrary, remove from the debtor’s private dwelling any personal property claimed under seizure, distress, or repossession, in the absence of the debtor, the debtor’s spouse, the debtor’s agent, or an adult resident in the debtor’s dwelling;		:a) Unless there is a court order to the contrary, remove from the debtor’s private dwelling any personal property claimed under seizure, distress, or repossession, in the absence of the debtor, the debtor’s spouse, the debtor’s agent, or an adult resident in the debtor’s dwelling;
	:b) ~~seize~~, repossess or levy distress against any chattel not specifically charged or mortgaged, or to which legal claim may not be made under a statute, court judgment, or court order; or		:b) Seize, repossess or levy distress against any chattel not specifically charged or mortgaged, or to which legal claim may not be made under a statute, court judgment, or court order; or
	:c) ~~remove~~, seize, repossess, or levy distress against any chattel during a day or during the hours of a day when such removal, seizure, repossession or distress is prohibited by regulations under this Act.		:c) Remove, seize, repossess, or levy distress against any chattel during a day or during the hours of a day when such removal, seizure, repossession or distress is prohibited by regulations under this Act.

	=== 3. Consequences of Contravention of the Business Practices and Consumer Protection Act ===		=== 3. Consequences of Contravention of the Business Practices and Consumer Protection Act ===

	Where there is evidence of misconduct by the debt collector, the Director may suspend, cancel, or refuse to issue their licence (s 146(1)). Such conduct includes (s 146(2)):		Where there is evidence of misconduct by the debt collector, the Director may suspend, cancel, or refuse to issue their licence (s 146(1)). Such conduct includes (s 146(2)):
	:a) ~~contravening~~ this Act or regulations;		:a) Contravening this Act or regulations;
	:b) ~~failing~~ to meet the minimum requirements for a licence;		:b) Failing to meet the minimum requirements for a licence;
	:c) ~~contravening~~ a condition of a license;		:c) Contravening a condition of a license;
	:d) ~~engaging~~ in a pattern of conduct by the debt collector that shows that they are unfit to have a licence; or		:d) Engaging in a pattern of conduct by the debt collector that shows that they are unfit to have a licence; or
	:e) ~~being~~ convicted of an offence under Canadian law for conduct that shows they are unfit to have a licence.		:e) Being convicted of an offence under Canadian law for conduct that shows they are unfit to have a licence.

	=== 4. Legal Advice for a Harassed Debtor ===		=== 4. Legal Advice for a Harassed Debtor ===

	If there may be a violation of the ''Business Practices and Consumer Protection Act'', the debtor should do the following:		If there may be a violation of the ''Business Practices and Consumer Protection Act'', the debtor should do the following:
	:a) ~~find~~ out the name of the collector and/or agency;		:a) Find out the name of the collector and/or agency;
	:b) ~~record~~ the exact words or practice followed by the debt collector or the agency; and		:b) Record the exact words or practice followed by the debt collector or the agency; and
	:c) ~~detail~~ the time and dates of the calls or visits.		:c) Detail the time and dates of the calls or visits.

	With the above information the debtor should contact Consumer Protection BC for the name of the complaints manager for the collection agency the debtor is dealing with. This complaints manager will work with the debtor to resolve the complaint, including disciplinary action, if appropriate. Their website is http://www.consumerprotectionbc.ca and includes resources regarding consumer and debtor rights, as well as dispute resolution. It also includes a form for registering a complaint with Consumer Protection BC.		With the above information the debtor should contact Consumer Protection BC for the name of the complaints manager for the collection agency the debtor is dealing with. This complaints manager will work with the debtor to resolve the complaint, including disciplinary action, if appropriate. Their website is http://www.consumerprotectionbc.ca and includes resources regarding consumer and debtor rights, as well as dispute resolution. It also includes a form for registering a complaint with Consumer Protection BC.
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	The ''Business Practices and Consumer Protection Act'' regulates the activities of the credit bureaus in order to minimize unfair treatment of the party seeking credit. Federal legislation, such as the ''Personal Information Protection and Electronic Documents Act'', SC 2000, c 5 [''PIPEDA''] and the ''Privacy Act'', RSC 1985, c P-21 also outline the requirements for organizations in their use, collection, and disclosure of personal information in their business practices. Credit information that these bureaus can disclose is the most common type of personal information, and includes one’s:		The ''Business Practices and Consumer Protection Act'' regulates the activities of the credit bureaus in order to minimize unfair treatment of the party seeking credit. Federal legislation, such as the ''Personal Information Protection and Electronic Documents Act'', SC 2000, c 5 [''PIPEDA''] and the ''Privacy Act'', RSC 1985, c P-21 also outline the requirements for organizations in their use, collection, and disclosure of personal information in their business practices. Credit information that these bureaus can disclose is the most common type of personal information, and includes one’s:
	:a) ~~name~~, date of birth and address;		:a) Name, date of birth and address;
	:b) ~~current~~ and former marital status;		:b) Current and former marital status;
	:c) ~~current~~ and former place of work;		:c) Current and former place of work;
	:d) ~~payment~~ habits; and		:d) Payment habits; and
	:e) ~~debts~~ owing.		:e) Debts owing.

	'''A credit reporting agency cannot give out an individual’s personal credit report without that individual’s consent.''' When one seeks credit, they will be asked to consent to the lender obtaining a credit report or a credit check. (After consent is given, the lender can obtain a “soft check” periodically meaning they can view the report relating to their loans).		'''A credit reporting agency cannot give out an individual’s personal credit report without that individual’s consent.''' When one seeks credit, they will be asked to consent to the lender obtaining a credit report or a credit check. (After consent is given, the lender can obtain a “soft check” periodically meaning they can view the report relating to their loans).