Enforcement of a Small Claims Judgment (20:XVII): Difference between revisions
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Enforcement of a Small Claims Judgment (20:XVII) (view source)
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== J. Civil Resolution Tribunal == | == J. Civil Resolution Tribunal == | ||
Under the ''Civil Resolution Tribunal Act'', section 58.1, a CRT order may be enforced by filing it in the BC Provincial Court. This can be done if a party has either a consent resolution order, or a final decision. The BC Provincial Court must be provided with a validated copy of the order. A validated copy of a CRT order is sent with the CRT decision. The CRT will not provide parties with a validated small claims order until the time limit for making a Notice of Objection has expired. Once a small claims order is received, it can be filed immediately. | Under the ''Civil Resolution Tribunal Act'', section 58.1, a CRT order may be enforced by filing it in the BC Provincial Court. This can be done if a party has either a consent resolution order, or a final decision. The BC Provincial Court must be provided with a validated copy of the order. A validated copy of a CRT order is sent with the CRT decision. The CRT will not provide parties with a validated small claims order until the time limit for making a Notice of Objection has expired, and only if no Notice of Objection was filed. Once a small claims order is received, it can be filed immediately. | ||
When a CRT order is filed with the BC Provincial Court, it has the same force and effect as if it were a judgment of the BC Provincial Court. The enforcement procedures are within the Court’s jurisdiction. That is, the CRT has no powers of enforcement for its own orders, or for orders from other tribunals such as the Residential Tenancy Branch. | When a CRT order is filed with the BC Provincial Court, it has the same force and effect as if it were a judgment of the BC Provincial Court. The enforcement procedures are within the Court’s jurisdiction. That is, the CRT has no powers of enforcement for its own orders, or for orders from other tribunals such as the Residential Tenancy Branch. | ||
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