Difference between revisions of "Introduction to Creditors' Remedies (10:I)"

#garnishment (to compel third parties, such as banks and employers, to pay funds into court to the credit of the judgment rather than pay those funds to the debtor. See “Garnishment” at page 12); and

#collection by execution (to lodge a writ of execution with the bailiff who will then seize and sell the debtor’s assets and pay proceeds to the credit of the judgment).

A judgment may also be filed on the title of real property owned by the debtor and will remain on the title of that property for two years unless it is renewed, discharged (by the debt being paid or bankruptcy), or the creditor commences proceedings to sell the property and apply the proceeds of the sale against the debt.

Depending on the amount claimed, the matter will fall under the jurisdiction of the Civil Resolution Tribunal (under $5,000), Small Claims Court ($5,001 to $35,000) or the Supreme Court of British Columbia (above $35,000).  

Most of this chapter relates to the Supreme Court of British Columbia process. However, similar principles apply to Small Claims Court.  

The Small Claims Court provides a detailed guide for creditors on enforcement procedures available under the Small Claims Court processes. See: https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/getting-results.

Finally, the Civil Resolutions Tribunal is designed for self-represented litigants and has rules generally preventing legal professionals from representing litigants in tribunal claims. Therefore, LSLAP rarely represents clients with Civil Resolution Tribunal claims

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