Small Claims Payment Hearing Checklist (20:App K)

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This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 6, 2021.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
20. Small Claims and the CRT
 · I. Introduction

 · II. Governing Legislation & Resources
 · III. Do You Have a Claim?
 · IV. Choosing the Proper Forum
 · V. Starting a Claim
 · VI. Responding to a Claim
 · VII. Default Order
 · VIII. How a Claim Proceeds
 · IX. Pre-Trial Applications
 · X. Mediation
 · XI. Settlement Conferences
 · XII. Trial & Pre-Trial Conferences
 · XIII. Trial Preparation
 · XIV. Trials
 · XV. Costs and Penalties
 · XVI. Appeals
 · XVII. Enforcement of a Judgement
 · XVIII. LSLAP Program Information
 · Appendix A: Registries
 · Appendix B: Demand Letter
 · Appendix C: Notice of Claim
 · Appendix D: Reply to Claim
 · Appendix E: Glossary
 · Appendix F: Limitation Periods
 · Appendix G: Causes of Action
 · Appendix H: Court Fees
 · Appendix I: Tribunal Fees
 · Appendix J: Settlement Conference
 · Appendix K: Payment Hearing

 · Appendix L: Appeal
v • d • e



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

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: http://www.smallclaimsbc.ca/court-forms.
  • 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:

  • Bring a list of questions you wish to ask the debtor about their assets. Lists of the types of questions that may be asked can be found at: http://www.lawsociety.bc.ca/docs/practice/checklists/E-5.pdf (designed for Supreme Court but may be adapted for Small Claims).
  • Be prepared to propose a payment schedule and defend it or argue why one should not be ordered.

3. After the Payment Hearing:

  • 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

1. Before the Payment Hearing:

  • If you are the party requesting a payment hearing, you must complete and file a notice in Form 13 at the registry: http://www.smallclaimsbc.ca/court-forms.
  • After you file the notice, you must serve it on the creditor at least 7 days before the date of the payment hearing (Rule 12(11)).
  • If the person who serves the summons on the creditor will not be at the hearing to provide oral evidence, you should prepare an certificate of service (Form 4), available at http://www.smallclaimsbc.ca/court-forms, and file it at the registry in case the creditor does not show up to the hearing.

2. At the Payment Hearing:

  • Be prepared to answer questions about your finances such as contained in the lists in Creditor Checklist – Section 2 above.
  • Bring financial records and evidence of income and assets, including:
    • Bank records
    • Credit-card statements
    • Tax returns and supporting documents
    • Property, sales of property, and mortgages
    • Receipts for insurance, medical bills, and utilities
    • RRSP, TSFA, and other investment statements
    • Debts you owe and debts that are owed to you (including future debts)
    • Assets you have disposed of since the claim arose
    • Employment and pay-stubs
    • Evidence of means that you have or may have in the future of paying the judgment
  • 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 argue why your financial circumstances justify the schedule or changes you are proposing
  • If you are on welfare or other income assistance, be sure to bring this to the judge’s attention

3. After Judgement:


v • d • e
 
Chapters 15-23
Adult Guardianship and Substitute Decision-Making · Wills and Estates  · Citizenship  · Immigration  · Landlord and Tenant Rights  · Small Claims  · Welfare Law  · Strata Law  · Referrals
Chapter Fifteen:
Adult Guardianship and Substitute Decision-Making
Chapter Sixteen:
Wills and Estate Administration
Chapter Seventeen:
Citizenship
Chapter Eighteen:
Immigration Law
Chapter Nineteen:
Landlord and Tenant Law
Chapter Twenty:
Small Claims and the CRT
I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial Applications · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · XVIII. LSLAP Program Information · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal
Chapter Twenty One:
Welfare Law
Chapter Twenty Two:
Strata Law
Chapter Twenty Three:
Referrals
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