Starting a Small Claim (20:V): Difference between revisions
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Starting a Small Claim (20:V) (view source)
Revision as of 21:09, 22 November 2022
, 22 November 2022→D. Can the Defendant(s) Pay?
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A judgment is enforceable for ten years after it is issued (''Limitation Act'', RSBC 1996, c 266, s 7; ''Limitation Act'', SBC 2012, c 13, s 7). After this time, unless it is renewed, the judgment expires and becomes uncollectible. On some occasions, a previously judgment-proof defendant will “come into money” by receiving an inheritance or winning the lottery. This is a rare occurrence and a claimant must invest time and effort to monitor the defendant’s circumstances over the ten years that the judgment is enforceable. A more common change in a judgment-proof defendant’s circumstances is the defendant securing a higher-paying job. | A judgment is enforceable for ten years after it is issued (''Limitation Act'', RSBC 1996, c 266, s 7; ''Limitation Act'', SBC 2012, c 13, s 7). After this time, unless it is renewed, the judgment expires and becomes uncollectible. On some occasions, a previously judgment-proof defendant will “come into money” by receiving an inheritance or winning the lottery. This is a rare occurrence and a claimant must invest time and effort to monitor the defendant’s circumstances over the ten years that the judgment is enforceable. A more common change in a judgment-proof defendant’s circumstances is the defendant securing a higher-paying job. | ||
A claimant should also consider the likelihood of the defendant going bankrupt. If the defendant goes bankrupt, the claimant may recover little or none of the amount of the judgment. For more detail on bankruptcy, see | A claimant should also consider the likelihood of the defendant going bankrupt. If the defendant goes bankrupt, the claimant may recover little or none of the amount of the judgment. For more detail on bankruptcy, see [[Enforcement_of_a_Small_Claims_Judgment_(20:XVII)|Section XVII: Enforcement of a Judgment]]. | ||
A claimant must decide whether or not to sue before the limitation period expires. If the limitation period expires, a claimant cannot later sue on that cause of action if the defendant’s circumstances change. | A claimant must decide whether or not to sue before the limitation period expires. If the limitation period expires, a claimant cannot later sue on that cause of action if the defendant’s circumstances change. | ||