British Columbians are invited to have their say on a proposed new Enforcement of Money Judgments Act that will simplify the process for those who are owed money to collect the funds, while protecting debtors from unreasonable collection practices.

A money judgment is a document issued by the court to state that the creditor (plaintiff) has won a case and is entitled to a certain amount of money from a debtor (defendant). Currently, the creditor must use a number of methods to collect the money from the debtor. It’s a process that can be lengthy and complex. The proposed changes would make enforcing money judgments simpler and less expensive for both parties.

Currently, creditors must make a court application for each method used to collect the funds owing. The proposed act would simplify the process and eliminate the need for unnecessary court involvement.

The proposed legislation would also:

• Protect debtors by expanding the items exempt from seizure and imposing an obligation that enforcement be conducted in a reasonable manner.
• Eliminate the need for creditors to apply to the court multiple times if wages must be garnished - streamlining the process and saving on court and legal fees for all parties.

The proposed Enforcement of Money Judgments Act would replace B.C.’s current Court Order Enforcement Act and would be similar to legislation in Alberta, Saskatchewan and Newfoundland and Labrador.

The new act would be based on the Enforcement of Civil Judgments Act, adopted by the Uniform Law Conference of Canada in 2003, and on recommendations made in 2005 by the British Columbia Law Institute (BCLI).

Stakeholders and the public are invited to provide comments, concerns and opinions on the BCLI “Report on the Uniform Civil Enforcement of Money Judgments Act.” Following the consultation, ministry staff will review feedback and modify recommendations for the proposed new Enforcement of Money Judgments Act.

Comments can be sent until July 31, 2015, to:

Civil Policy and Legislation Office
Justice Services Branch
Ministry of Justice
PO Box 9222 Stn Prov Govt
Victoria, B.C.  V8W 9J1

Email: CPLO@gov.bc.ca

Learn More:

About the consultation: http://www.ag.gov.bc.ca/legislation/enforcement-of-money/index.htm

The British Columbia Law Institute report:
http://www.bcli.org/publication/37-report-uniform-civil-enforcement-money-judgments-act

View the Uniform Civil Enforcement of Money Judgment Act at:
http://www.ulcc.ca/en/uniform-acts-new-order/current-uniform-acts/695-judgments/local/civil-enforcement-of-money-judgments/1607-uniform-civil-enforcement-of-money-judgments-act-2004

Media Contacts:

Ministry of Justice
Government Communication and Public Engagement
250 208-0618