Once the Certificate of Judgment has been registered in B.C., all subsequent enforcement processes, proceedings and forms must conform to the B.C. Rules of the Small Claims Court

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Educating one Consumer at a time

footloose, thank you very much for the information...a big help.

One more question. If I proceed with garnishing either a bank account or employer in BC after registering the judgment, do I have to use the process, rules, and forms of the BC court, or the original court in Ontario?

Thanks

If you have obtained an order or judgment for the payment of money in Ontario and wish to enforce it in B.C., you may do so by issuing a Certificate of Judgment ( Form 20A ) in the court in which the judgment was awarded and directed to the clerk of the court in the jurisdiction in which the debtor resides. The fee for issuing a Certificate of Judgment is $19. You can download this Form at the following website

http://www.ontariocourtforms.on.ca/english/scc/

The Certificate of Judgment must be supported by an Affidavit for Enforcement ( Form 20P ) request stating the amount still owing pursuant to the order.

When you file your Certificate of Judgment with the clerk of the Small Claims Court in B.C., your order becomes enforceable as if it were an order of the Small Claims Court in B.C.

Unlike the procedure in Ontario whereby a Garnishment Order is issued to the Garnishee ( i.e. usually an employer ) and remains with the Garnishee until the Order is satisfied or the debtor is no longer an employee of the Garnishee, in B.C., a new Garnishment Order must be issued for each pay period and must be served on the Garnishee at least 7 days prior to each pay period. In other words, a Garnishment Order in B.C. is only valid for one pay period and must be reissued for each subsequent pay period. Each time a new Garnishment Order is issued, a fee will have to be paid. As you can see, attempting to issue a Garnishment Order to a Garnishee in B.C. can be a very daunting and discouraging task especially when you are attempting to do this from Ontario. If you still wish to pursue this matter, I would suggest that you contact the Lawyer Referral Service of the Canadian Bar Association, British Columbia Branch for more information. In the meantime, here is a website developed by the B.C. Branch of the Canadian Bar Association that discusses the Garnishment process in B.C.

http://www.cba.org/bc/public_media/credit/251.aspx

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Educating one Consumer at a time

I am expecting a default small claims judgment in my favour in the coming weeks. The debtor moved to BC after the debt started to accumulate but before I brought action on them. I sued in Ontario as this was where the debtor lived and carried on business at the time of the debt.

I will have to garnish bank account or wages to get paid. My question is, how do I garnish someone in BC from an Ontario judgment? Do I need to register the judgment in BC? How is this done? What is the process?

thanks