Difference between revisions of "Small Claims Payment Hearing Checklist (20:App K)"
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 6, 2021}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
Both the debtor and the creditor can request a payment hearing, or a judge may order one. A creditor may request a payment hearing to ask the debtor about their ability to pay or to disclose the debtor’s assets so they may be seized or garnished. Either the creditor or the debtor may request a payment hearing to propose a payment schedule or changes to a payment schedule. | Both the debtor and the creditor can request a payment hearing, or a judge may order one. A creditor may request a payment hearing to ask the debtor about their ability to pay or to disclose the debtor’s assets so they may be seized or garnished. Either the creditor or the debtor may request a payment hearing to propose a payment schedule or changes to a payment schedule. Due to COVID-19, the procedure has changed. Please consult https://www.provincialcourt.bc.ca/COVID19 for updates in the protocol. | ||
== Creditor Checklist == | == Creditor Checklist == | ||
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=== 1. Before the Payment Hearing: === | === 1. Before the Payment Hearing: === | ||
*If you are the party requesting a payment hearing, you must complete and file a summons in Form 12 at the registry: | * If you are the party requesting a payment hearing, you must complete and file a summons in Form 12 at the registry: http://www.smallclaimsbc.ca/court-forms. | ||
*After you file the summons, you must serve it on the debtor at least 7 days before the date of the payment hearing (Rule 12(7)). | *If the debtor is a corporation, you may name an officer, director, or employee to appear and give evidence on behalf of the debtor (''SCR'', Rule 12(5)). | ||
* After you file the summons, you must serve it on the debtor at least 7 days before the date of the payment hearing (''SCR';, Rule 12(7)). | |||
If the person who serves the summons on the debtor will not be at the hearing to provide oral evidence, you should have them prepare an affidavit of service, available at the website above, and file it at the registry in case the debtor does not show up to the hearing; otherwise, you will not be able to get a warrant for their arrest. | |||
=== 2. At the Payment Hearing: === | === 2. At the Payment Hearing: === | ||
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=== 3. After the Payment Hearing: === | === 3. After the Payment Hearing: === | ||
*If the debtor misses a payment, the balance of the | *If the debtor misses a payment, the balance of the judgment becomes due immediately and you may proceed to collections. See '''Chapter 10: Creditor’s Remedies and Debtors’ Assistance''' for information on collections procedures. | ||
== Debtor Checklist == | == Debtor Checklist == | ||
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**Credit-card statements | **Credit-card statements | ||
**Tax returns and supporting documents | **Tax returns and supporting documents | ||
**Property, sales of property and mortgages | **Property, sales of property, and mortgages | ||
**Receipts for insurance, medical bills, utilities | **Receipts for insurance, medical bills, and utilities | ||
**RRSP, TSFA and other investment statements | **RRSP, TSFA, and other investment statements | ||
**Debts you owe and debts that are owed to you (including future debts) | **Debts you owe and debts that are owed to you (including future debts) | ||
**Assets you have disposed of since the claim arose | **Assets you have disposed of since the claim arose | ||
**Employment and pay-stubs | **Employment and pay-stubs | ||
**Evidence of means that you have or may have in the future of paying the | **Evidence of means that you have or may have in the future of paying the judgment | ||
*Prepare a statement of finances, available | * Prepare a statement of finances, available at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms | ||
*Be prepared to suggest a payment schedule or changes to the payment schedule that you can manage | *Be prepared to suggest a payment schedule or changes to the payment schedule that you can manage | ||
*Be prepared to argue why your financial circumstances justify the schedule or changes you are proposing | *Be prepared to argue why your financial circumstances justify the schedule or changes you are proposing | ||
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=== 3. After Judgement: === | === 3. After Judgement: === | ||
*If you are having difficulty managing your debts, see [[Introduction_to_Creditors%27_Remedies_(10:I) | Chapter 10: Creditor’s Remedies and Debtors’ Assistance]]. | *If you are having difficulty managing your debts, see [[Introduction_to_Creditors%27_Remedies_(10:I) | '''Chapter 10: Creditor’s Remedies and Debtors’ Assistance''']]. | ||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||