Difference between revisions of "Someone Owes You Money"

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{{Consumer Law Wikibook TOC}}
{{Law-Related ESL Badge
|lessonname= Consumer Law Lesson Module}}
Suppose you loaned someone an amount of money. They promised to pay the debt within three months. But they did not pay the debt.  
Suppose you loaned someone an amount of money. They promised to pay the debt within three months. But they did not pay the debt.  


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==How do I write a demand letter?==
==How do I write a demand letter?==
[[File:ConsumerLawGuidePage8.jpg | left | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
 
You can write a ''demand letter'', which is a letter that says how much the person owes you and tells them they must pay you. For example, a demand letter about a loan can say something like this:
You can write a ''demand letter'', which is a letter that says how much the person owes you and tells them they must pay you. For example, a demand letter about a loan can say something like this:


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You can write a demand letter yourself or you can ask a lawyer to write it for you. A demand letter sent on the lawyer’s letterhead is often very effective. If a demand letter does not work, you may need to go to court.
You can write a demand letter yourself or you can ask a lawyer to write it for you. A demand letter sent on the lawyer’s letterhead is often very effective. If a demand letter does not work, you may need to go to court.


==When do I go to court?==
In small claims court, people can settle their differences in cases worth anywhere up to $35,000. Small claims court has less formal and less complicated rules and procedures than Supreme Court. For example, the forms you use in small claims court are the “fill-in-the-blank” type.


==When do I go to court?==
If your claim is for under $5,000, it will go before an online "tribunal" called the [https://civilresolutionbc.ca Civil Resolution Tribunal]. A tribunal is a form of court that helps people resolve their disputes quickly and affordably. The CRT encourages a collaborative approach to resolving disputes.


You can go to Small Claims Court if the debt someone owes you is for $25,000 or less. If the debtor owes you more than the $25,000 limit, for example $28,000, you can make a claim for $25,000 plus some contribution for your expenses.  
There are small claims courts located [https://www.clicklaw.bc.ca/helpmap/service/1014 throughout the province]. Learn what's involved in [https://www.clicklaw.bc.ca/question/commonquestion/1101 taking someone to small claims court].  


Small Claims Court is for people who do not have a lawyer. There are Small Claims Courts located throughout the province. To find out how to make a claim in Small Claims Court, go to Clicklaw, online at [http://www.clicklaw.bc.ca www.clicklaw.bc.ca]. Type "Small Claims" in the search box. The site links you to a video about Small Claims Court, available in Chinese, Punjabi, Vietnamese, and English, among other resources.
To collect more than $35,000, you have to go to BC’s Supreme Court. This is more complicated and expensive than small claims court. To find out how to make a claim in Supreme Court, go to [http://www.clicklaw.bc.ca www.clicklaw.bc.ca] and type "Supreme Court" in the search box. Some British Columbia communities have a [http://www.clicklaw.bc.ca/helpmap/service/1111 Justice Access Centre] where staff can give you information about bringing a claim in Supreme Court.  


To collect more than $25,000, you have to go to BC’s Supreme Court. This is much more complicated and expensive than Small Claims Court. To find out how to make a claim in Supreme Court, go to [http://www.clicklaw.bc.ca www.clicklaw.bc.ca] and type "Supreme Court" in the search box. If you are in the Lower Mainland, you may wish to visit the [http://www.clicklaw.bc.ca/helpmap/service/1111 Vancouver Justice Access Centre] where staff can give you information about bringing a claim in Supreme Court.
[[File:ConsumerLawGuidePage8.jpg | right| frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]


==Getting legal help from a lawyer==
==Getting legal help from a lawyer==
[[File:ConsumerLawGuidePage9.jpg | right| frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]


If you want to go to court, it would be a good idea to talk to a lawyer. Here are two places to <span class="noglossary">contact</span> for help:
If you want to go to court, it would be a good idea to talk to a lawyer. Here are two places to <span class="noglossary">contact</span> for help:
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''Do not wait'' until the day before trial before you start asking a lawyer about what to do in court. There are limits on the time you have to collect the debt through the court.
''Do not wait'' until the day before trial before you start asking a lawyer about what to do in court. There are limits on the time you have to collect the debt through the court.


[[File:ConsumerLawGuidePage9.jpg | left| frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
===How should I prepare for meeting with a lawyer?===
===How should I prepare for meeting with a lawyer?===


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To find out more about debt collection law within BC, visit [http://www.debtrightsbc.ca Consumer Protection BC].
To find out more about debt collection law within BC, visit [http://www.debtrightsbc.ca Consumer Protection BC].


[[File:Someoneowesyoumoney.JPG|link=http://www.youtube.com/watch?v=KS-3JDM99PI|left|thumb|350px|[http://www.youtube.com/watch?v=KS-3JDM99PI Someone owes you money] In this animation Robert talks to his friend Grace about the money she owes him. Talking Cloud offers some options to consider when trying collecting money that someone owes you.]]
{{REVIEWED | reviewer = [[People's Law School]], 2018}}
 
{{REVIEWED | reviewer = [[People's Law School]], 2013}}
 
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{{Creative Commons for PLS
|title = Consumer Law Wikibook
|title = Someone Owes You Money
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