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Difference between revisions of "Small Claims Applications and Procedures Pre-Trial (20:IX)"
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Small Claims Applications and Procedures Pre-Trial (20:IX) (view source)
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To obtain a pre-judgment garnishing order, the claimant must file an affidavit stating that a Notice of Claim has been filed, the date of its filing, the nature of the cause of action, the amount of the debt, claim, or demand, and the true amount owing after discounts and deductions177. | To obtain a pre-judgment garnishing order, the claimant must file an affidavit stating that a Notice of Claim has been filed, the date of its filing, the nature of the cause of action, the amount of the debt, claim, or demand, and the true amount owing after discounts and deductions177. | ||
If the registry grants the order, the claimant must serve both the garnishee and the defendant178. If the garnishee is a bank, the garnishing order must be served on the branch where the account is located179. If the garnishee is a credit union, the order must be served on its head office. A separate order must be obtained for each garnishee. The Garnishee must pay the greater of the amount owed to a Defendant and the amount shown on the garnishing order to the Court Registry. It is extremely important to find out the correct legal name of the Garnishee. This is because if you use the wrong name on the Garnishment documents, the Garnishee can refuse to pay to the Court money owed to the Defendant. If the Garnishee is a company, a search at the | If the registry grants the order, the claimant must serve both the garnishee and the defendant178. If the garnishee is a bank, the garnishing order must be served on the branch where the account is located179. If the garnishee is a credit union, the order must be served on its head office. A separate order must be obtained for each garnishee. The Garnishee must pay the greater of the amount owed to a Defendant and the amount shown on the garnishing order to the Court Registry. It is extremely important to find out the correct legal name of the Garnishee. This is because if you use the wrong name on the Garnishment documents, the Garnishee can refuse to pay to the Court money owed to the Defendant. If the Garnishee is a company, a search at the BC Corporate Registry Office would be useful. | ||
In some cases of fraud, the Supreme Court can issue a Mareva Injunction180 freezing the defendant’ s worldwide assets; this prevents the defendant from dealing with '''any''' of their assets in any way. | |||
It is also possible to apply for a “garnishing order before action”. This is a separate form from a pre-judgement garnishment. This form is used before a Notice of Claim has been registered at a Small Claims Court Registry181. | |||
== E. Transfer to Supreme Court == | |||
A judge at the settlement/trial conference, at trial, or after application by a party at any time, musttransfer a claim to Supreme Court if he or she is satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $25,000182. However, the claimant may expressly choose to abandon the amount over $25,000 to keep the action in the Small Claims Court183. For personal injury claims, a judge must consider medical or other reports filed or brought to the settlement conference by the parties before transferring the claim to Supreme Court184. If a counterclaim for more than $25,000 is transferred under this rule, the original claim can still be heard in Small Claims Court if the claim is $25,000 or less185. F.A mendments A party who wants to amend, change, add, or remove anything in a filed document, such as the amount, the name of a party186, or a fact, must follow Rule 8.1.Permission to A mend Anything in any filed document can be changed by the party who filed it. Permission is not required unless any of the following have begun187: a settlement conference; a mediation under Rule 7.4; a trial conference under Rule 7.5; a trial under Rule 9.1; or a trial under Rule 9.2. If any of these steps have commenced, the party must apply to a judge for permission to amend the document188. 2.A mendment Procedure Changes on the document must then be underlined, initialled and dated189. . If a judge has allowed the amendment, the document should reference the order. For example, the document might state, “Amended Pursuant to Rule 8(1)(b) by Order of the Honourable Judge Law on September 1, 2012.” | |||
