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?==


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:


<blockquote>''I am  writing about  a loan I made you  of'' ______________('''amount''') ''on'' ______________('''date of loan''')  ''for''  ______________('''purpose of loan'''). ''Our agreement was  that you would pay this loan in full by''  ______________('''date of repayment'''). ''To date, you  have not made any  payments. It has  now been'' ______________ ('''number of days''') ''since the  loan was due. The  full amount of''  ______________('''amount''') ''is now  due. If I do not receive payment in full by''  ______________('''give a date'''), ''I will take legal action to recover the  amount of the loan, as well as interest, filing fees, and  any other  costs. If you  have any  questions, please feel free to contact me at''______________  ('''your phone number''').</blockquote>
<blockquote>''I am  writing about  a loan I made you  of'' ______________(amount) ''on'' ______________(date of loan)  ''for''  ______________(purpose of loan). ''Our agreement was  that you would pay this loan in full by''  ______________(date of repayment). ''To date, you  have not made any  payments. It has  now been'' ______________ (number of days) ''since the  loan was due. The  full amount of''  ______________(amount) ''is now  due. If I do not receive payment in full by''  ______________(give a date), ''I <span class="noglossary">will</span> take legal action to recover the  amount of the loan, as well as interest, filing fees, and  any other  costs. If you  have any  questions, please feel free to <span class="noglossary">contact</span> me at''______________  (your phone number).</blockquote>


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.


[[File:ConsumerLawGuidePage8.jpg|200px|thumb|right]]
==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==


If you want to go to court, it would be a good idea to talk to a lawyer. Here are two places to contact 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:


* '''Lawyer Referral Service''' is a program where you can get advice and information from a lawyer for a fee of $25 plus taxes for the first 30 minutes.To contact Lawyer Referral, call 604-687-3221 in Greater Vancouver or toll-free at 1-800-663-1919 from anywhere else in the province. More detailed information about the service is available on the [http://www.clicklaw.bc.ca/helpmap/service/1044 Clicklaw HelpMap].
* '''Lawyer Referral Service''' is a program where you can get advice and information from a lawyer for a fee of $25 plus taxes for the first 30 minutes.To <span class="noglossary">contact</span> Lawyer Referral, call 604-687-3221 in Greater Vancouver or toll-free at 1-800-663-1919 from anywhere else in the province. More detailed information about the service is available on the [http://www.clicklaw.bc.ca/helpmap/service/1044 Clicklaw HelpMap].


* '''Access Pro Bono''' is a program for people who cannot afford a lawyer and who cannot get legal aid. Access Pro Bono offers clinics across BC where experienced lawyers volunteer to provide free legal advice. Call 604-878-7400 in Greater Vancouver or toll-free at 1-877-762-6664 from anywhere else in the province. More information is available on their website at [http://www.accessprobono.ca www.accessprobono.ca] or the [http://www.clicklaw.bc.ca/helpmap/service/1040 Clicklaw HelpMap].
* '''Access Pro Bono''' is a program for people who cannot afford a lawyer and who cannot get legal aid. Access Pro Bono offers clinics across BC where experienced lawyers volunteer to provide free legal advice. Call 604-878-7400 in Greater Vancouver or toll-free at 1-877-762-6664 from anywhere else in the province. More information is available on their website at [http://www.accessprobono.ca www.accessprobono.ca] or the [http://www.clicklaw.bc.ca/helpmap/service/1040 Clicklaw HelpMap].
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===When should I speak to the lawyer?===
===When should I speak to the lawyer?===


'''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|200px|thumb|right]]


[[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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* How did the debt come about?
* How did the debt come about?
* What documents do you have that support your claim?
* What documents do you have that support your claim?
* How much are you owed?
* How much are you owed?
* What is the repayment plan?
* What is the repayment plan?
* What information do you have about the ability of the debtor to pay?
* What information do you have about the ability of the debtor to pay?


===How do I collect my money if the judge decides in my favour?===
===How do I collect my money if the judge decides in my favour?===


If the judge rules in your favour, the debtor is expected to pay up. But sometimes the debtor just ignores the judge. In this case, you may have to go back to court and ask the judge to force the debtor to pay the debt. For example, the judge can:
If the judge rules in your favour, the debtor is expected to pay up. But sometimes the debtor just ignores the judge. In this <span class="noglossary">case</span>, you may have to go back to court and ask the judge to force the debtor to pay the debt. For example, the judge can:


* take money from the debtor’s wages,
* take money from the debtor’s wages,
* have a court official seize the debtor’s property, or
* make the debtor come to court to explain why he or she has not paid the debt.
''Never try to take property or threaten a debtor. This is against the law.'' 


* have a court official seize the debtor’s property, or
==Additional resources==
To find out more about debt collection law within BC, visit [http://www.debtrightsbc.ca Consumer Protection BC].


* make the debtor come to court to explain why he or she has not paid the debt.
{{REVIEWED | reviewer = [[People's Law School]], 2018}}


'''Never try to take property or threaten a debtor. This is against the law.'''
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