2,553
edits
Difference between revisions of "Collecting on a Debt"
From Clicklaw Wikibooks
no edit summary
Drew Jackson (talk | contribs) m (Drew Jackson moved page Collection of Debts (Script 250) to Collecting a Debt (No. 250): Aligning title to new website) |
|||
| Line 1: | Line 1: | ||
{{ | {{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/lawyer/robert-rogers Robert Rogers], Hamilton Duncan, and [http://www.robertslaw.ca/ Adam Roberts], Barrister & Solicitor|date= October 2017}} {{Dial-A-Law TOC|expanded = money}} | ||
{{Dial-A-Law TOC|expanded = | |||
No one enjoys it when they’re owed money and don’t get paid. Learn the options available to you when collecting on a debt, and the steps to deal with the situation. | No one enjoys it when they’re owed money and don’t get paid. Learn the options available to you when collecting on a debt, and the steps to deal with the situation. | ||
| Line 24: | Line 22: | ||
===You can’t take the debtor’s property=== | ===You can’t take the debtor’s property=== | ||
Whatever approach you decide on, you can’t take the debtor’s property — except through taking legal action (this is explained below). Nor can you harass the debtor; see our information on [[Harassment by Debt Collectors ( | Whatever approach you decide on, you can’t take the debtor’s property — except through taking legal action (this is explained below). Nor can you harass the debtor; see our information on [[Harassment by Debt Collectors (No. 252)|harassment by debt collectors (no. 252)]] for more on this topic. | ||
===There is a time limit to sue to collect a debt=== | ===There is a time limit to sue to collect a debt=== | ||
The [http://canlii.ca/t/8qx3 law in BC] creates a basic '''limitation period''' of two years for starting a legal action. A lawsuit cannot be brought more than two years after the “claim is discovered”. In the case of a debt, if a debtor hasn’t made a payment — or acknowledged they owe a debt — in more than two years, the creditor may be barred from bringing legal action to collect. | The [http://canlii.ca/t/8qx3 law in BC] creates a basic '''limitation period''' of two years for starting a legal action. A lawsuit cannot be brought more than two years after the “claim is discovered”. In the case of a debt, if a debtor hasn’t made a payment — or acknowledged they owe a debt — in more than two years, the creditor may be barred from bringing legal action to collect. | ||
If the time limit is coming up soon for a debt owed to you, and you want to keep your right to collect, you should start legal action as soon as possible. If you are not sure about the time limit, [[Low Cost | If the time limit is coming up soon for a debt owed to you, and you want to keep your right to collect, you should start legal action as soon as possible. If you are not sure about the time limit, [[Free and Low-Cost Legal Help (No. 430)|get legal advice]] before you sue. If you start a lawsuit after the deadline, you may have to pay the debtor’s legal costs. | ||
==Deal with the problem== | ==Deal with the problem== | ||
| Line 61: | Line 59: | ||
You can sue in British Columbia if the debt arose in BC, or if the debtor lives or carries on business in BC. | You can sue in British Columbia if the debt arose in BC, or if the debtor lives or carries on business in BC. | ||
Just starting a lawsuit will sometimes make the debtor pay. As well, after starting the action, you may be able to collect money from the debtor’s employer and others who owe money to the debtor. See our information on [[Garnishment ( | Just starting a lawsuit will sometimes make the debtor pay. As well, after starting the action, you may be able to collect money from the debtor’s employer and others who owe money to the debtor. See our information on [[Garnishment (No. 251)|garnishment (no. 251)]]. | ||
The amount you are seeking affects the choice of court you would sue in. | The amount you are seeking affects the choice of court you would sue in. | ||
| Line 67: | Line 65: | ||
If you are seeking '''up to $5,000''', you can file a claim with the [https://civilresolutionbc.ca/ Civil Resolution Tribunal]. The tribunal is an online system designed for people to represent themselves. | If you are seeking '''up to $5,000''', you can file a claim with the [https://civilresolutionbc.ca/ Civil Resolution Tribunal]. The tribunal is an online system designed for people to represent themselves. | ||
For amounts '''between $5,000 and $35,000''', you would sue in [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Small Claims Court]. Many people represent themselves in this court. It’s less expensive and less risky than going to Supreme Court. If the debtor owes you more than $35,000, you can sue in Small Claims Court for up to $35,000 and forget the rest. See our information on [[Suing Someone in Small Claims Court ( | For amounts '''between $5,000 and $35,000''', you would sue in [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Small Claims Court]. Many people represent themselves in this court. It’s less expensive and less risky than going to Supreme Court. If the debtor owes you more than $35,000, you can sue in Small Claims Court for up to $35,000 and forget the rest. See our information on [[Suing Someone in Small Claims Court (No. 166)|Small Claims Court]] (no. [[Suing Someone in Small Claims Court (No. 166)|166]] to [[Going to Trial in Small Claims Court (No. 168)|168]]). | ||
For amounts '''over $35,000''', you would sue in [https://www.supremecourtbc.ca/ BC Supreme Court]. | For amounts '''over $35,000''', you would sue in [https://www.supremecourtbc.ca/ BC Supreme Court]. | ||
| Line 80: | Line 78: | ||
*You can garnish the debtor’s wages or other money owed to the debtor. | *You can garnish the debtor’s wages or other money owed to the debtor. | ||
See our information on [[Getting Your Judgment Paid ( | See our information on [[Getting Your Judgment Paid (No. 169)|getting your judgment paid (no. 169)]]. | ||
---- | ---- | ||
---- | ---- | ||
{{Dial-A-Law_Navbox|type=consumer}} | |||
{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
