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Difference between revisions of "Someone Owes You Money"
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==When do I go to court?== | ==When do I go to court?== | ||
You can go to Small Claims Court if the debt someone owes you is for $25,000 or less. If the debt is more than $25,000, for example $28,000, you can make a claim for this amount plus some contribution for your expenses. 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. | You can go to Small Claims Court if the debt someone owes you is for $25,000 or less. If the debt is more than $25,000, for example $28,000, you can make a claim for this amount plus some contribution for your expenses. 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 $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 www.clicklawbc.ca and type in "Supreme Court" in the search box. If you are in the Lower Mainland, you may wish to visit the Vancouver Justice Access Centre where staff can give you information about BC’s 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 www.clicklawbc.ca and type in "Supreme Court" in the search box. If you are in the Lower Mainland, you may wish to visit the Vancouver Justice Access Centre where staff can give you information about BC’s Supreme Court. | ||
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The Justice Access Center is located at #290-800 Hornby Street, Vancouver, BC V6Z2C5. The operating hours are Monday to Friday from 8:30 a.m. to 4:00 p.m. | The Justice Access Center is located at #290-800 Hornby Street, Vancouver, BC V6Z2C5. The operating hours are Monday to Friday from 8:30 a.m. to 4:00 p.m. | ||
==Legal Help from a Lawyer== | |||
===Lawyer Referral and Access Pro Bono=== | |||
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: | |||
:*'''Lawyer Referral''' 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. The website is [http://www.cba.org/bc/initiatives/main/lawyer_referral.aspx www.cba.org/bc/initiatives/main/lawyer_referral.aspx]. | |||
:*'''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 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. Their website is[http://www.accessprobono.ca www.accessprobono.ca] | |||
===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. | |||
[[File:ConsumerLawGuidePage9.jpg|200px|thumb|right]] | |||
===How should I prepare for meeting with a lawyer?=== | |||
Gather all the relevant facts and documents before you meet with the lawyer. You want to get the most out of your interview. Be ready to tell the lawyer the about the following: | |||
* how the debt come about, | |||
* what documents you have that support your claim, | |||
* how much you are owed?, | |||
* what is the repayment plan, and | |||
* what information you have about the ability of the debtor to pay. | |||
===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 you. The judge has a number of ways to force the debtor to pay the debt. For example, the judge can: | |||
* 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.''' | |||
{{Consumer Law Guide Navbox}} | {{Consumer Law Guide Navbox}} | ||
