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Difference between revisions of "Enforcement of a Small Claims Judgment (20:XVII)"
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Enforcement of a Small Claims Judgment (20:XVII) (view source)
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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = smallclaims}} A judgment is valid for 10 years299. During that time, a judgment creditor may use whatever means permitted by law to enforce the...") |
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{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
A judgment is valid for 10 | A judgment is valid for 10 years. (See ''Limitation Act'', RSBC 1996, c 266: s 3(3)(f)). During that time, a judgment creditor may use whatever means permitted by law to enforce the order. (See ''Court Order Enforcement Act'', RSBC 1996, c 78). First, the successful party must fill out a payment order form (Form 10) and file it in the registry. Interest and expenses need to be included, and a plain piece of paper showing those calculations should be attached. Although it is called a “payment order”, the form is used even if no payment of money is ordered. There is space at the bottom of the form for a description of a non-monetary order. The registry will compare it with the court record for accuracy and it will then be signed and ready for pick-up or mailed within a day or two. | ||
The judgment creditor should send a copy of the payment order with a demand letter to the debtor. If the court did not give the debtor a deadline, the judgment debt is due immediately302. The demand letter should warn that, if payment is not received by a certain date (e.g., 10 days later), other enforcement proceedings will be pursued. | The judgment creditor should send a copy of the payment order with a demand letter to the debtor. If the court did not give the debtor a deadline, the judgment debt is due immediately302. The demand letter should warn that, if payment is not received by a certain date (e.g., 10 days later), other enforcement proceedings will be pursued. | ||
