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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 Supreme Court, what happens next? What must the plaintiff do to get the money owed to him?

Assume the defendant (aka debtor after the order) is not willing to cooperate what so ever, and intends to ignore as much of the process as possible. After reading Small Claims - Getting Results it would seem the creditor has a choice

  1. File a Summons to a Payment Hearing form
  2. Garnish the bank account of the debtor
  3. Have a bailiff seize and sell goods

What are the pros and cons of these options? To me it seems #2 is the obvious choice, why even consider the rest?

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They might not have enough money in their bank account.

Sure, you could just garnish their bank account to receive the amount owed to you, but if they don't have any money in their account, you can't take money that they don't have. That's when you might need to have a bailiff confiscate their property or begin the process of summoning them to a payment hearing.

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  • The amount is small enough, and given what I know of them, I am almost certain they would have the money already in their account. – Clockatok Jan 8 at 4:43
  • @Clockatok In your specific case, that might be true, but there are a lot of people on the lower levels of the socio-economic ladder that might not. – nick012000 Jan 8 at 4:44
  • @nick012000 or, from personal experience, when the amount owed is several hundred thousand, even relatively large business may not have that in their account on the day the garnishee is executed. A garnishee on a bank account is a "one and done" affair - a million dollars could hit it the day after: too bad. – Dale M Jan 8 at 7:26
  • For the payment hearing, I know they must attend, but what would force debtor to actually follow the payment plan? Wouldn't it just lead back to the wage garnishing? Is the payment hearing used to collect more information, such as bank account no. and place of work etc? What would happen if the debtor lies or refuses to answer? – fetcheatable Jan 8 at 11:30
  • @fetcheatable Not a lawyer, but probably them getting found in Contempt of Court and fined and/or sent to prison. – nick012000 Jan 8 at 11:40

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