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{{DialREVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/lawyer/robert-A-Law Blurbrogers Robert Rogers], Hamilton Duncan, and [http://www.robertslaw.ca/ Adam Roberts], Barrister & Solicitor|date= October 2017}} {{Dial-A-Law TOC|expanded = creditmoney}}
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.
===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 (Script No. 252)|harassment by debt collectors (no. 252)]] for more on this topic.
===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.
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 and Free Legal Services Help (Script 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==
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 (Script No. 251)|garnishment (no. 251)]].
The amount you are seeking affects the choice of court you would sue in.
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 (Script No. 166)|Small Claims Court]] (no. [[Suing Someone in Small Claims Court (Script No. 166)|166]] to [[Going to Trial in Small Claims Court (Script No. 168)|168]]).
For amounts '''over $35,000''', you would sue in [https://www.supremecourtbc.ca/ BC Supreme Court].
*You can garnish the debtor’s wages or other money owed to the debtor.
See our information on [[Getting Your Judgment Paid (Script No. 169)|getting your judgment paid (no. 169)]]. [updated October 2017]
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