Enforcing A Court Order
Enforcing a Court Order: Getting your money after a judgment.
There are a number of steps to take when enforcing a court order for a money judgment in your favour. Most litigants believe that when an order is made, the debtor will pay right away. While this happens in some cases, in other cases, further steps may need to be taken to get money rightfully owed under a judgment or final decision.
The first step in enforcing a judgment is to have the payment order entered in writing to the Registry. Once the Registry has your payment order, it is signed and entered into court records. The process of taking the order to the Registry is called “filing the order”. Filing the order must be completed before your order can be enforced.
The second step in enforcing a judgment is to send a copy of the payment order to the debtor (the person or company that must pay the order) along with a request for prompt payment In your request, you should include a reasonable deadline for payment along with where the payment should be made (applicable bank/wire details/transfer details). To ensure flexible, it is advisable to seek a number of alternative payment methods to make it easier for the debtor to pay you. If the debtor does not respond to your request and the payment order, you may have to take additional steps to get your payment.
If you have received a final decision from the Civil Resolution Tribunal or the Residential Tenancy Board, you can file it in Provincial Court. Once a final decision has been filed with the Provincial Court, it can be enforced as if it was a Provincial Court Order.
A settlement hearing or trial conference is scheduled by the court. A payment hearing is usually scheduled after this point in time and a payment schedule is made by the judge (depending on the means of the individual or company.
What happens if the debtor doesn’t pay OR ignores instructions from the settlement hearing/trial conference?
There are a number of tools you have at your disposal if the debtor does not comply with the payment order. You may:
- Schedule a payment hearing;
- Garnish the debtor’s wages or bank accounts;
- Seize and sell debtor’s goods (a court bailiff will execute this part);
- Schedule a default hearing if there was already a payment schedule in effect; or
- Register a lien against the debtor’s property
Regardless of what method you choose to enforce your money judgment, our experienced team is ready to provide you with the best solution and guide you through the court process to increase your chances of getting paid.. If you are having difficulty getting a debtor to pay, or if you’re having difficulty enforcing a judgment, get in touch with us today. Call us today at 604-930-9578 or 1-800-930-9986.