Give me money. The judge said so.

July 15, 2008 8:53 PM

How collect damages award after winning court case?

Friend of mine recently (oh, how I wish it were me!) won a surprisingly large damages award in Supreme Court here in BC. We don't think the defendant has much money, but even if he has anything stashed away, how do we get it? And I'm going to file a dispute against my ex-landlord shortly at the Residential Tenancy Branch (quasi court) and if I win he's not going to want to pay either, but the bugger owns a couple million dollar building, so that is a good thing. I believe I can get the Provincial Court to enforce the order (my, I'm jumping ahead) but what else? How would we proceed? Any ideas? What works to put pressure on these people? Can they just evade and ignore easily or not?

posted by Listener to law & government (6 comments total)

No clue about BC, but here in the US you can get the court to help you get damages you are entitled to (though it'll cost ya some more in fees). The court clerk can help explain that process to you.

I won some money from a deadbeat landlord and to my surprise the guy did pay (eventually). I don't think anybody wants a court judgment against them on their credit report.
posted by meta_eli at 9:06 PM on July 15, 2008

That's what BC Sheriff Services are for.
posted by ten pounds of inedita at 9:58 PM on July 15, 2008

You'll want to start your search for info here - CBA dial a law site.
posted by birdsquared at 10:09 PM on July 15, 2008

Talk to your sheriff. Here in the US, some jurisdictions have 2 methods which I believe should be fail-safe.

1. Lien on their property. Awesome. You will definitely get your money.
2. Till tap. A sheriff comes and SITS at the cash register/money collecting place in the business, etc. ANY money that the sheriff collects goes straight to you...until all your money is collected.

Good luck.
posted by hal_c_on at 11:33 PM on July 15, 2008

1. Lien on their property. Awesome. You will definitely get your money.
posted by hal_c_on at 2:33 AM on July 16 [+] [!]

"Definitely": Not so much. My ex-girlfriend obtained a lien on the scumbag developer who refused to pay her for painting the condo units he built. The properties have changed hands multiple times, without resolution.

But it is a force to be used. She gave up on pursuing it.
posted by IAmBroom at 10:12 AM on July 16, 2008

Also, try a collection agency. They are guns for hire, and not just on the company side of the transaction.
posted by CollectiveMind at 6:09 AM on July 17, 2008