What claims can be made using the Get Paid program?
All Small Court Claims that arose in British Columbia and where the Court has jurisdiction. The Court will have jurisdiction if the agreement was concluded in its area or the Debtor lives in that area.
Why must I deliver a letter of demand?
A letter of demand gives notice to the debtor that you are about to start legal action if payment is not made. This letter places the debtor in mora which allows you to claim the cost of the action. If a letter of demand is not delivered and the Debtor pays on receipt of the summons, cost of the action may not be allowed. Further, many debtor’s will pay when they receive a letter of demand.
What does the Small Claims Court process consist of?
When starting an action for collection of outstanding accounts a letter of demand must be delivered. If no payment is received, a summons is drafted for the amount plus costs. This document is taken to the Small Claims Court where it is issued. The issued document is officially served on the debtor where after he/she has 14 days to either pay the debt or reply to the claim. If neither is done, you may apply for a default judgement which can be enforced against the debtor. If the debtor does reply, the matter becomes defended and that process is followed.
What is the maximum amount that I may claim in the Small Claims Court?
$25,000 (twenty five thousand). Claims for amounts above this are made in the Supreme Court.
What does the demand letter service consist of?
A letter of demand, based on the information you supplied, is drafted and sent to the debtor.
What does the demand letter cost?
The cost for a demand letter is $300, allclusive. This includes legal fees of $250, fees for delivery by courier and regular mail and HST.
Can I get my money back for the demand letter?
No. The letter of demand is a required step prior to starting litigation. This amount is not included in the costs that be be claimed from court.
What is the cost of a Notice of Claim in a Small Claims Court action?
The cost of a Notice of Claim in a Small Claims Court action for a Personal debtor is $900, which includes legal fees of $650, court filing fees, service by registered mail, provision for a Certificate of Service and HST.
The cost of a Notice of Claim in a Small Claims Court action for a Corporate Debtor is $930, which includes legal fees of $650, corporate search, court filing fees, service by courier, provision for a Certificate of Service and HST.
What does the cost NOT include?
The costs do not include obtaining the default judgement and enforcing the Court Order. It also does not include any fees or costs that may arise from the date that the Debtor enters his or her Reply (notice of defense). Of course, we would be happy to assist you with these matters and can discuss a separate fee retainer should you require further legal advice.
Can I get some of the costs back?
Yes. The Notice of Claim will include an application for the costs and fees in the matter to the maximum allowed by Court in these matters. The amount ordered by Court can be enforced against the Debtor.
Can I do this myself?
If you have the time, yes, you can. You will however have to complete the documents and go to the Courts yourself.
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