All Questions
Tagged with small-claims-court british-columbia
18
questions
2
votes
2
answers
232
views
How can a lender of a small loan protect himself from the borrower not paying them back?
An acquaintance asked me to lend him money. I believed his story and lent him $100. He promised to pay me back $150 in 5 days time. It's been months and he hasn't paid me anything. I have heard that ...
2
votes
1
answer
100
views
From a practical perspective, what is the most reliable way to make a debtor pay?
It would seem the two options to "force" a person to pay are
have a judge issue a wage garnishing order for one of their employers
have a judge issue a wage garnishing order against one of ...
0
votes
2
answers
104
views
If Defendant agrees to settle, can the Plaintiff still be awarded legal fees?
Say Defendant owes Plaintiff money. It's a relatively simple case, such as Plaintiff did work but Defendant isn't paying Plaintiff. Plaintiff files an action in small claims, and Defendant finally ...
1
vote
1
answer
136
views
What happens if debtor pays before enforcement hearing?
This is a hypothetical scenario.
I had an order which the debtor was not following. He paid me just before the enforcement hearing. What do I need to do to cancel the hearing, or should I attend and ...
- 117
2
votes
2
answers
49
views
When can a payment hearing be adjourned without a decision?
A person has a validated court order from the Civil Resolution Tribunal (CRT). The CRT does not have authority to enforce its orders but small claims court does. In the payment hearing the debtor told ...
- 117
0
votes
1
answer
112
views
In a Payment Hearing, what is the protocol for creditor asking debtor questions? What if he believes the reply was invalid?
At a payment hearing called by a creditor on a debtor, the debtor has the uncanny ability to avoid answering questions or gives misleading answers.
I understand in the payment hearing the creditor can ...
- 117
1
vote
1
answer
105
views
How to serve a summons to payment hearing to a debtor?
Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to ...
- 117
2
votes
1
answer
68
views
How is interest calculated on a debt?
For the notice of payment hearing forum it has a section for "payment order" and "interest". How is interest calculated? What percent is it? What time does it start counting from, ...
- 117
0
votes
1
answer
82
views
How to have a provincial court order enforced? What are the pros/cons of the different ways?
Follow up to How does someone file an order with the Provincial Court to have it enforced?
If a plaintiff received a validated order from the Civil Resolution Tribunal, then filed it with the BC ...
- 117
1
vote
1
answer
241
views
How does someone file an order with the Provincial Court to have it enforced?
Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the ...
- 117
-1
votes
1
answer
45
views
Confused as to the waiting period required after getting an order
A default judgement was awarded. It seems there are contradicting orders in how much time one must wait to get it enforced:
As set out in 58.1 (3) of the CRTA, a part may only enforce this order
if ...
- 415
0
votes
1
answer
109
views
What happens if someone simply moves homes and stops responding to a lawsuit?
In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered ...
- 415
0
votes
1
answer
225
views
What is a court order? How is it different than a settlement?
I had brought a case against my ex-landlord. One of the claims was he wouldn't return some property of mine. In the settlement agreement, he said he would make available for pickup my property. He did ...
- 415
1
vote
1
answer
106
views
What information will be made public by CRT and for how long?
I would like to bring a case to the Civil Resolution Tribunal. I would like to know more about it's privacy. From there Information Access & Privacy Policy it appears the public can access just ...
- 415
2
votes
2
answers
253
views
How does a lawyer help when taking someone to court for money owed?
I had a landlord who I believe owes me money for several things. The two biggest would be prorated rent and the return of damage deposit. Since I shared a kitchen with this landlord, it is out of the ...
- 415