What Is a Payment Hearing in BC Small Claims Court?
If you’ve gone through a lawsuit or applied for default judgment in BC Small Claims Court and received a judgment in your favour, you may be wondering what happens next—especially if the other party hasn’t paid. That’s where a payment hearing comes in.
A payment hearing is a court process that helps creditors (the person owed money) understand a debtor’s financial situation and potentially arrange a payment schedule. It’s an important step in enforcing a court judgment when voluntary payment doesn’t happen.
When Can You Request a Payment Hearing?
You can request a payment hearing after receiving a Small Claims Court judgment that orders someone to pay you money. If the debtor doesn’t pay voluntarily within the time specified in the judgment, you can ask the court to summon them to appear and disclose their financial situation.
The purpose of the hearing is not to punish the debtor, but to:
Determine their income, assets, and ability to pay
Facilitate a realistic repayment plan
Enforce the judgment through legal means if necessary
How to Request a Payment Hearing
Here’s how to apply for a payment hearing in BC:
Step 1: Wait for the Deadline to Pass
You must wait until the payment due date in the judgment has passed and no payment has been made.
Step 2: File the Application
Complete and file a Summons to a Payment Hearing at the Small Claims Registry where the original judgment was granted. You will want to lay out what you would expect the Debtor to bring to the hearing for the court to review.
There is a court filing fee.
Step 3: Serve the Notice
You must serve the debtor with the hearing notice and supporting documents at least 7 days before the hearing date. You can hire a process server or arrange for service yourself according to the court rules.
What Happens at the Payment Hearing?
The hearing is typically held before a Provincial Court judge. Here's what to expect:
1. The Debtor Answers Questions
The debtor will be required to answer questions under oath about:
Employment status and income
Bank accounts and assets
Monthly expenses and debts
Ability to make payments toward the judgment
2. The Judge May Order Payments
Based on the information provided, the judge can:
Set a payment schedule
Make an order for lump sum or instalment payments
Adjourn the matter for further review
If the debtor fails to attend the hearing without a valid reason, the court may issue a summons to enforce attendance or, in extreme cases a warrant for arrest.
What If the Debtor Doesn’t Pay After the Hearing?
If the debtor doesn’t comply with the payment order, you may consider additional enforcement options, such as:
Wage garnishment
Bank account seizure
Property lien or seizure of personal assets
These steps often require additional applications and court orders, but a payment hearing is often a prerequisite or useful tool in assessing which enforcement options are worth pursuing.
Tips for Creditors
Bring proof of the unpaid judgment, any past correspondence, and a list of questions you want to ask.
Be realistic: the court won’t order payments the debtor simply cannot make.
Consider whether enforcement will be cost-effective if the debtor has limited assets or income.
Tips for Debtors
Attend the hearing. Failing to appear can lead to serious consequences.
Be honest and bring full documentation of your financial situation.
If you genuinely cannot pay, the court may grant more time or create a manageable schedule.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about payment hearings reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.