Orders for Seizure & Sale
Small Claims Court.
Orders for Seizure & Sale (Small Claims Court)
Orders of seizure and sale are generally issued for judgements under $35,000 in the Small Claims Courts of BC. They are valid for one year and can be renewed if required.
We require an initial deposit of $350.00 which generally covers the cost of opening the file and an initial assessment and site visit if necessary. The Court bailiff assigned to your file will keep you informed on the costs incurred and progress of the file, and you will be able to cancel the file at any time and pay costs up to that point if you wish. We cannot guarantee that we will be able to collect in full on a file, so the more information that can be provided, the better the chance we may have of collecting. Also, if we are not able to collect on the file you will be responsible for our costs incurred on the file.
For more information, please view the following forms:
Once we receive the necessary paperwork and deposit in our office to open your file, we will run some initial searches to find out if the debtor has any assets that we may be able to seize, however if we are provided with searches that have been run within the last month we are able to use those instead. Unfortunately, because of privacy laws we are not able to find debtors banking information, but if you are aware of what bank institution and branch the debtor banks at, we can attempt to seize any funds in their bank account.
If the Order has been issued against an individual, we can potentially seize assets such as motor vehicles, shares in companies or other assets they may possess. However, individuals are entitled to exemptions of $4,000 on household goods, $10,000 worth of tools of the trade, and $5,000 for a motor vehicle. If they possess more than one vehicle, they may choose one to apply towards the exemption. If the writ has been issued against a company no exemptions are available and any assets such as vehicles, shares, machinery and inventory may be seized and sold.
Orders for Seizure & Sale FAQ
Can you force entry into a building?
We are not able to force entry into a residence or any buildings attached to and with an entrance to a residence.
We are able to force entry into buildings that are not a residence if we have reason to believe assets may be located inside.
What is poundage?
It is the commission we are entitled to as per the Supreme Court Civil Rules; the Small Claims Act.
Poundage is calculated on the funds recovered after our costs have been paid
How is our poundage calculated?
Poundage is calculated on the funds recovered after our costs have been paid
What happens if we are unable to recover from the debtor?
You are responsible for our costs if we are unable to collect from the debtor. The Court Bailiff will be in communication with you throughout the process and can advise you of the current fees and likelihood of recovery. You can cancel enforcement at any time during normal business hours.
How long is my Order valid for?
An Order for Seizure and Sale is valid for one year from the date it was issued by the Court.
How long will my file take to complete?
We are unable to provide you with a timeline beforehand. The time it takes to complete a file is dependent on a variety of factors. Once the Court Bailiff has completed an initial assessment they may be able to provide you with a better idea of whether collection is possible and how long it may take.
When will I hear from the Court Bailiff?
Once all required documents are received in our office, your file will be opened and assigned to a Court Bailiff. They will then review the file, complete an initial assessment and contact you in regards to the next step. This process may take some time depending on the situation and they
will contact you once they have completed their initial evaluation.
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Office Address
You can come by and visit us at our location:
6139 Trapp Avenue
Burnaby, British Columbia
V3N 2V3
Office Hours
Monday to Friday:
8:30AM - 5:00PM
Saturday, Sunday & Holidays
By Appointment Only
We provide 24 hour voice messaging for after hours contact.
Get In Touch
604-526-2253
Fax
604-526-2263
1-888-917-3737
Email Address
court@aebailiffs.com