Question 1

Which court or tribunal should I use to recover a debt in BC?

Accepted Answer

It depends on the amount owed. The Civil Resolution Tribunal handles claims up to $5,000 entirely online. The Provincial Court of BC (Small Claims) covers claims between $5,001 and $35,000. The BC Supreme Court handles claims over $35,000. Each forum has different rules, costs, and procedures. A collections lawyer can help you choose the right path and avoid missteps that could delay or limit your recovery.

Question 2

How long do I have to start a debt collection claim in BC?

Accepted Answer

Under BC's Limitation Act, you generally have two years from the date you discovered — or reasonably ought to have discovered — that the debt exists and that a claim would be appropriate. Once that window closes, you lose the right to sue. If you are unsure when time started running on your claim, speak with a lawyer as soon as possible. Acting early is almost always in your interest.

Question 3

Does Romaya Law handle debt recovery on a contingency basis?

Accepted Answer

Fee arrangements depend on the nature and size of your claim. Some debt recovery matters are handled on a fixed fee or hourly basis; contingency arrangements may be available in appropriate cases. We discuss fee options transparently during your free initial consultation so you understand the cost before you commit to any course of action.

Question 4

What happens if the debtor ignores the demand letter?

Accepted Answer

A demand letter is the starting point, not the endpoint. If the debtor does not respond or refuses to pay, the next step is filing a claim in the appropriate court or tribunal. Ignoring a formal legal claim can result in a default judgment — a court order against the debtor even without their participation — which you can then enforce against their assets, wages, or bank accounts.

Question 5

How do I enforce a judgment once I have one?

Accepted Answer

Winning a judgment is only half the battle. BC's Court Order Enforcement Act provides several tools: garnishing orders can attach wages or bank accounts; a writ of seizure and sale directs a court bailiff to seize and sell the debtor's property; and you can register the judgment against the debtor's land as a charge on title. A judgment debtor examination can also compel the debtor to disclose their assets and income. Romaya Law advises on which enforcement strategy fits your situation.

Question 6

Can a business hire a lawyer to recover commercial debt in BC?

Accepted Answer

Yes — and it is often the most effective approach. A collections lawyer for businesses in BC can pursue unpaid invoices, breached payment terms, and other commercial debts through the courts or CRT. Legal involvement signals seriousness and often prompts faster payment. It also ensures your claim is structured correctly from the outset, including any interest entitlements under your contract or the Court Order Interest Act.

Recover Unpaid Invoices Legally

Commercial Debt Recovery for BC Businesses

Recovering Unpaid Invoices in British Columbia

Which Court or Tribunal Handles Your Claim?

How It Works

Legal Review

Formal Outreach

Legal Demand

Enforcement

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Judgment Enforcement & Garnishment

CRT & Small Claims Collection

Frequently asked questions

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