BC Debt Collection Statute of Limitations
BC consumer and commercial debt collection has unique challenges and legal restrictions when collecting debt. For example: The statute of limitations on when a debt can be sued in British Columbia is restrictive compared to other provinces in Canada, and the United States. In BC you cannot pursue legal action when a debt exceeds 2 years from the date of last payment, or acknowledgement of debt. On large balance commercial debt this time limitation in BC alone can decimate the odds of a successful debt collection.
You can still try and collect a consumer or commercial debt in BC for another 4 years. However, once the consumer or commercial debt is 6 years old the debt is no longer a valid debt and noncollectable. As in every legal system there are exceptions to these limitations in BC. If you have any questions or doubts about collections, give us a call. For over 20 years IRS has specialized in BC debt collection.
Collecting Debt in BC
Aside from the time limitations on debt collection mentioned earlier, there are other basic differences in BC compared to other provinces and states. Here are just a few of the legal and regulatory differences in BC debt collection:
Collecting debt in BC is governed by the Business Practices and Consumer Protection Act. Consumer and commercial debt collection is highly regulated in BC. This ACT is very comprehensive when it comes to different aspects of debt collection.
In BC debt collection, the two civil court systems are determined by the amount of the debt being pursued
The debt limit in BC Small Claims is $35,000 CAD. The BC Small Claims Court process is the most advanced in Canada. The true innovator of the BC Small Claims system was Wally Oppal. He completely revolutionized the BC Small Claims system, which became the template for small claims court systems across Canada. BC Small Claims can be an extremely fast and efficient tool in collecting consumer and commercial debt.
Debt over $35,000 CAD falls under the jurisdiction of the BC Supreme Court. It is far more complex than Small Claims. The Supreme Court in BC is similar to the Court of Queens Bench in other provinces. The BC Supreme Court has many powerful remedies, especially with large balance commercial debt collection.
Debt Collection Services in BC
The points listed above barely touch the surface of the complexities of collecting debt in BC. Find out why numerous BC Law firms and companies rely on IRS to collect their debt. Our services literally cover every facet of BC debt collection.
Give us a call or schedule your free no obligation consultation on consumer and commercial debt collection