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Difference between revisions of "Types of Lenders and Creditors"
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Types of Lenders and Creditors (view source)
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, 12:10, 12 October 2018→Government of British Columbia
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One common method is to deny the debtor certain privileges unless or until they make satisfactory arrangements to pay the debt. Under the [http://canlii.ca/t/847n ''Motor Vehicle Act''], ICBC may take away or refuse to renew a driver’s licence if the person owes fines for motor vehicle-related offences, or money that ICBC has paid on their behalf in certain situations where the person has breached the terms of their insurance in some way, such as driving while impaired. This power is discretionary, and ICBC will generally be open to negotiating a payment plan. However, if ICBC denies or revokes a licence due to “motor vehicle indebtedness”, the debtor can appeal ICBC’s action to the Superintendent of Motor Vehicles within 30 business days. | One common method is to deny the debtor certain privileges unless or until they make satisfactory arrangements to pay the debt. Under the [http://canlii.ca/t/847n ''Motor Vehicle Act''], ICBC may take away or refuse to renew a driver’s licence if the person owes fines for motor vehicle-related offences, or money that ICBC has paid on their behalf in certain situations where the person has breached the terms of their insurance in some way, such as driving while impaired. This power is discretionary, and ICBC will generally be open to negotiating a payment plan. However, if ICBC denies or revokes a licence due to “motor vehicle indebtedness”, the debtor can appeal ICBC’s action to the Superintendent of Motor Vehicles within 30 business days. | ||
Under the | Under the ''Financial Administration Act'', in [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-138/latest/rsbc-1996-c-138.html#sec83_smooth section 83], if a person owes money to the provincial government and is also owed money by a third party, the government can serve a notice to require the third party to pay the amount owed directly to the government. This is similar to [[Garnishment and Set-offs|garnishment]], but is much harsher on the debtor because the courts are not involved, there is no exemption for wages, and the debtor cannot make an application to the court under the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''] to request that the garnishment be set aside or to vary the amount taken. Although the debtor may still be able to challenge the government’s action, this would be far more difficult, and a lawyer should be consulted. | ||
The Family Maintenance Enforcement Program (FMEP) is one BC government agency that has special powers to collect debts under the [http://canlii.ca/t/840m ''Family Maintenance Enforcement Act''] and [http://canlii.ca/t/85ht Regulations]. A person who has a court order or filed separation agreement that requires a payor to pay them spousal or child support can register that order or agreement with FMEP, without charge, if the case has enough of a connection to BC. FMEP then enforces that order or agreement and forwards any payments collected to the person entitled to spousal or child support. | The Family Maintenance Enforcement Program (FMEP) is one BC government agency that has special powers to collect debts under the [http://canlii.ca/t/840m ''Family Maintenance Enforcement Act''] and [http://canlii.ca/t/85ht Regulations]. A person who has a court order or filed separation agreement that requires a payor to pay them spousal or child support can register that order or agreement with FMEP, without charge, if the case has enough of a connection to BC. FMEP then enforces that order or agreement and forwards any payments collected to the person entitled to spousal or child support. | ||
