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Getting Your Judgment Paid (view source)
Revision as of 04:28, 7 November 2020
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{{REVIEWEDPLS | reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group|date= August 2017}} {{Dial-A-Law TOC|expanded = courts}} | {{REVIEWEDPLS | reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group|date= August 2017}} {{Dial-A-Law TOC|expanded = courts}} | ||
If you take someone to court and the judge decides in your favour, it’s up to you to collect the money. Learn your options for | If you take someone to court and the judge decides in your favour, it’s up to you to collect the money. Learn your options for getting your court judgment paid. | ||
== | ==What you should know== | ||
===You have options to get your judgment paid=== | ===You have options to get your judgment paid=== | ||
Winning a lawsuit does not guarantee you will be paid. The person you sued (called the “debtor”, as they owe you a debt) might refuse to pay your judgment. But you have options: | Winning a lawsuit does not guarantee you will be paid. The person you sued (called the “debtor”, as they owe you a debt) might refuse to pay your judgment. But you have options: | ||
*You can schedule a kind of '''enforcement hearing''' with the court. There, you can find out the debtor’s financial situation and get an order setting up a schedule of payments. | |||
*You can go to the court registry to get an '''order for seizure and sale''' of the debtor’s personal property. You can then hire a court bailiff to carry out the order, taking and selling the debtor’s property. | * You can schedule a kind of '''enforcement hearing''' with the court. There, you can find out the debtor’s financial situation and get an order setting up a schedule of payments. | ||
*You can seek another order from the court, called a '''garnishing order'''. This requires a third party who owes money to the debtor to make payments to you. | * You can go to the court registry to get an '''order for seizure''' '''and sale''' of the debtor’s personal property. You can then hire a court bailiff to carry out the order, taking and selling the debtor’s property. | ||
*If you have a court order requiring the debtor to make instalment payments, and they don’t, you can ask the court for a '''default hearing''', where the court can impose penalties. | * You can seek another order from the court, called a '''garnishing order'''. This requires a third party who owes money to the debtor to make payments to you. | ||
*You can '''register your court judgment''' against any land the debtor owns in British Columbia. This will severely restrict the debtor’s ability to sell or mortgage the land until they pay the judgment. | * If you have a court order requiring the debtor to make instalment payments, and they don’t, you can ask the court for a '''default hearing''', where the court can impose penalties. | ||
* You can '''register your court judgment''' against any land the debtor owns in British Columbia. This will severely restrict the debtor’s ability to sell or mortgage the land until they pay the judgment. | |||
We explain each option shortly. | We explain each option shortly. | ||
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|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
A final decision from the Civil Resolution Tribunal, the Residential Tenancy Branch, and many other tribunals can be filed in Provincial Court for enforcement. | A final decision from the Civil Resolution Tribunal, the Residential Tenancy Branch, and many other tribunals can be filed in Provincial Court for enforcement. | ||
|} | |} | ||
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After filing your court order, send a copy of it to the debtor with a letter asking them to pay you. Send the letter by registered mail. | After filing your court order, send a copy of it to the debtor with a letter asking them to pay you. Send the letter by registered mail. | ||
Make the letter short and clear. You can warn them that you will take further action if they don’t pay by a certain date. Set a reasonable deadline — for example, 14 days from the date you send your letter. Include the address where they can send the payment. | Make the letter short and clear. You can warn them that you will take further action if they don’t pay by a certain date. Set a reasonable deadline — for example, 14 days from the date you send your letter. Include the address where they can send the payment. | ||
===You can schedule a kind of enforcement hearing with the court=== | ===You can schedule a kind of enforcement hearing with the court=== | ||
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===You can get an order to seize and sell the debtor’s personal property=== | ===You can get an order to seize and sell the debtor’s personal property=== | ||
You can enforce a court judgment by taking action against the '''personal property''' of the debtor. You can go to the court registry to get an '''order for seizure and sale'''. You can then hire a court bailiff to carry out the order, taking and selling the debtor’s property. | You can enforce a court judgment by taking action against the '''personal property''' of the debtor. You can go to the court registry to get an '''order for seizure and sale'''. You can then hire a court bailiff to carry out the order, taking and selling the debtor’s property. | ||
This option, which is available in both Small Claims Court and Supreme Court, can be useful if the debtor has valuable assets, such as a car, a boat, or shares in a profitable company. But you cannot seize everything the debtor owns. Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-78/latest/rsbc-1996-c-78.html#sec71_smooth ''Court Order Enforcement Act''], a debtor may '''exempt''' certain things from being seized and sold, such as: | |||
* household furnishings and appliances to a value of $4,000 | |||
*household furnishings and appliances to a value of $4,000 | * one vehicle up to a value of $5,000 | ||
*one vehicle up to a value of $5,000 | * $10,000 worth of tools and other personal property the debtor uses to earn income for work | ||
*$10,000 worth of tools and other personal property the debtor uses to earn income for work | |||
If you seek an order for seizure and sale, you will need to pay a deposit to cover the bailiff’s estimated costs. The bailiff will be paid first from the sale of the goods, so try to find out if the debtor has enough property to make the seizure and sale worthwhile. Check with ICBC to see if the debtor has any motor vehicles registered in their name. You can also search the debtor’s name in the [http://www2.gov.bc.ca/gov/content/housing-tenancy/owning-a-home/manufactured-home-registry BC Manufactured Home Registry] and the [http://www2.gov.bc.ca/gov/content/employment-business/business/managing-a-business/permits-licences/bc-registry-services-personal-property-registry Personal Property Registry] to see if the debtor owns any personal property worth more than their exemption amounts. | If you seek an order for seizure and sale, you will need to pay a deposit to cover the bailiff’s estimated costs. The bailiff will be paid first from the sale of the goods, so try to find out if the debtor has enough property to make the seizure and sale worthwhile. Check with ICBC to see if the debtor has any motor vehicles registered in their name. You can also search the debtor’s name in the [http://www2.gov.bc.ca/gov/content/housing-tenancy/owning-a-home/manufactured-home-registry BC Manufactured Home Registry] and the [http://www2.gov.bc.ca/gov/content/employment-business/business/managing-a-business/permits-licences/bc-registry-services-personal-property-registry Personal Property Registry] to see if the debtor owns any personal property worth more than their exemption amounts. | ||
An order for seizure and sale lasts for one year. | An order for seizure and sale lasts for one year. | ||
===You can get a garnishing order=== | ===You can get a garnishing order=== | ||
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For example, you can give the garnishing order to the debtor’s employer or to their bank, and the wages owed to the debtor or the money in their bank account will be paid to the court instead. Once the court receives the money, you can apply to have it paid out to you. | For example, you can give the garnishing order to the debtor’s employer or to their bank, and the wages owed to the debtor or the money in their bank account will be paid to the court instead. Once the court receives the money, you can apply to have it paid out to you. | ||
Normally, only 30% of a debtor’s wages can be garnished. And there are some technical rules and steps you must follow. See our information on [[Garnishment (No. 251)|garnishment | Normally, only 30% of a debtor’s wages can be garnished. And there are some technical rules and steps you must follow. See our information on [[Garnishment (No. 251)|garnishment]] for details of what’s involved. | ||
===You can ask for a default hearing=== | ===You can ask for a default hearing=== | ||
If you have a court order requiring the debtor to make instalment payments, and they don’t, you can ask for a hearing where the court can impose penalties. | If you have a court order requiring the debtor to make instalment payments, and they don’t, you can ask for a hearing where the court can impose penalties. | ||
In Small Claims Court, the hearing is called a '''default hearing'''. In Supreme Court, there are two examination processes, a '''subpoena to debtor''' or an '''examination in aid of execution'''. In either court, you can file documents with the court to schedule the hearing. | In Small Claims Court, the hearing is called a '''default hearing'''. In Supreme Court, there are two examination processes, a '''subpoena to debtor''' or an '''examination in aid of execution'''. In either court, you can file documents with the court to schedule the hearing. | ||
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===You can register the court judgment against land owned by the debtor=== | ===You can register the court judgment against land owned by the debtor=== | ||
You can '''register your court judgment''' against any land the debtor owns in British Columbia. This will severely restrict the debtor’s ability to sell or mortgage the land until they pay the judgment. | You can '''register your court judgment''' against any land the debtor owns in British Columbia. This will severely restrict the debtor’s ability to sell or mortgage the land until they pay the judgment. | ||
To find out if the debtor owns land in BC, do a name search at the Land Title Office. You can do this through [https://www.bconline.gov.bc.ca/ BC OnLine]. | To find out if the debtor owns land in BC, do a name search at the Land Title Office. You can do this through [https://www.bconline.gov.bc.ca/ BC OnLine]. | ||
To register your court judgment, you must get a certificate of judgment from the court registry and file it with the [https://ltsa.ca/land-title-office-locations Land Title Office] where the debtor’s land is registered. | To register your court judgment, you must get a certificate of judgment from the court registry and file it with the [https://ltsa.ca/land-title-office-locations Land Title Office] where the debtor’s land is registered. | ||
The registration is good for two years, and can be renewed every two years up to 10 years. | The registration is good for two years, and can be renewed every two years up to 10 years. | ||
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You can also ask the BC Supreme Court to force a '''sale of the property''', so you can recover the amount you are owed from the proceeds of the sale. Be aware this process is expensive and involved. | You can also ask the BC Supreme Court to force a '''sale of the property''', so you can recover the amount you are owed from the proceeds of the sale. Be aware this process is expensive and involved. | ||
== | ==Who can help== | ||
===With more information=== | ===With more information=== | ||
The '''BC government''' website has how-to guides on Small Claims Court, including one on getting results, explaining the tools available to help you collect on a judgment. | The '''BC government''' website has how-to guides on Small Claims Court, including one on getting results, explaining the tools available to help you collect on a judgment. | ||
* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides Visit website] | |||
The '''Supreme Court BC Online Help Guide''', from Justice Education Society, provides step-by-step information on each stage of a lawsuit before that court, including a guide on enforcing court orders. | The '''Supreme Court BC Online Help Guide''', from Justice Education Society, provides step-by-step information on each stage of a lawsuit before that court, including a guide on enforcing court orders. | ||
* [https://www.supremecourtbc.ca/ Visit website] | |||
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