Difference between revisions of "Small Claims Payment Hearing Checklist (20:App K)"

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{{REVIEWED LSLAP | date= August 6, 2021}}
{{LSLAP Manual TOC|expanded = smallclaims}}
{{LSLAP Manual TOC|expanded = smallclaims}}


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.  
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 ==
== Creditor Checklist ==
Line 7: Line 9:
=== 1. Before the Payment Hearing: ===
=== 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 (Small Claims Rule 12(5)).  
* 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.
*After you file the summons, you must serve it on the debtor at least 7 days before the date of the payment hearing (Rule 12(7)).  
*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)).
*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.  
* 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: ===
=== 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), OR: http://www.thelawcentre.ca/self_help/small_claims_factsheets/fact_16
*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.
*Be prepared to propose a payment schedule and defend it or argue why one should not be ordered.


=== 3. After the Payment Hearing: ===
=== 3. After the Payment Hearing: ===


*If the debtor misses a payment, the balance of the judgement becomes due immediately and you may proceed to collections.   See Chapter 10 of  the  LSLAP  manual –  Creditor’s Remedies and Debtors’ Assistance –  for information on collections procedures.  
*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 ==
== Debtor Checklist ==
Line 24: Line 28:
=== 1. Before the Payment Hearing: ===
=== 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.
*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)).
*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.   
*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: ===
=== 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.  
*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:  
*Bring financial records and evidence of income and assets, including:  
**Bank records  
**Bank records  
**Credit-card statements  
**Credit-card statements  
**Tax returns and supporting documents  
**Tax returns and supporting documents  
**Property, sales of property and mortgages  
**Property, sales of property, and mortgages  
**Receipts for insurance, medical bills, utilities  
**Receipts for insurance, medical bills, and utilities  
**RRSP, TSFA and other investment statements  
**RRSP, TSFA, and other investment statements  
**Debts you owe and debts that are owed to you (including future debts)  
**Debts you owe and debts that are owed to you (including future debts)  
**Assets you have disposed of since the claim arose  
**Assets you have disposed of since the claim arose  
**Employment and pay-stubs  
**Employment and pay-stubs  
**Evidence of means that you have or may have in the future of paying the judgement
**Evidence of means that you have or may have in the future of paying the judgment
*Prepare a Statement of Income and Expenses, available at: http://www.ag.gov.bc.ca/courts/forms/scl/scl024.pdf
* 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 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  
*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  
*If you are on welfare or other income assistance, be sure to bring this to the judge’s attention


=== 3. After Judgement: ===
=== 3. After Judgement: ===
   
   
*If you are having difficulty managing your debts, see Chapter 10 of the LSLAP manual – Creditor’s Remedies and Debtors’ Assistance.
*If you are having difficulty managing your debts, see [[Introduction_to_Creditors%27_Remedies_(10:I) | '''Chapter 10: Creditor’s Remedies and Debtors’ Assistance''']].
 
 
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Revision as of 00:31, 7 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 6, 2021.



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:


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