How can I collect what I’m owed under a judgment?
There are several legal options for collecting what is owed under a judgment (“post-judgment execution”). One of the more straightforward methods is garnishment, whereby a portion of the debtor’s bank accounts or wages are seized and paid into Court (and subsequently paid to the judgment holder). The judgment can also be registered against the debtor’s home or other property, preventing them from disposing of that property without first paying out the amount owed under the judgment.
More complicated collection efforts include seizing and selling the debtor’s assets and questioning the debtor under oath about their assets, income, debts, and repayment options. It’s advisable to retain a skilled litigation lawyer to identify and pursue the most efficient post-judgment execution methods for your case to avoid costly errors and improve your chances of collecting as much of the judgment as possible.
How long does a judgment last?
Most judgments in British Columbia for the payment of money effectively expire after 10 years. This limitation period runs from the date of the judgment, 10 years after which the judgment is no longer enforceable.
How can I stop someone from continuing to breach a contract?
The most effective option for stopping a party to a contract from continuing to breach that contract is to seek an injunction. An injunction is a court order restraining a party from doing something, usually on an interim (interlocutory) basis, to prevent further financial loss or damage pending the final outcome of a dispute.
Injunctions are complex remedies that are only granted after satisfying particular legal tests. As a result, it is advisable to seek the assistance of a lawyer knowledgeable in the various types of injunctions and the evidence required to obtain them.
Can I force my joint tenant(s) or co-owner(s) to sell our property?
Joint tenants or other co-owners of real estate may be able to force the sale of the property under the Partition of Property Act of British Columbia. When at least 50% of the owners of a property wish to sell, the Court will grant an order directing the sale unless a disputing party can prove there is good reason not to do so.