Trying to Collect a Debt? Don’t Wait Too Long

In BC, a creditor has to start legal proceedings to collect a debt within two years of “discovering” their claim. For example, if a debtor was supposed to pay a debt by December 1, 2013, but failed to do so, the creditor would have to sue by December 1, 2015.

The limitation period can be extended if the debtor makes a partial payment after the full amount was due, but it’s best not to delay. If you miss the limitation period, the court may not allow you to pursue your claim. Furthermore, the longer you wait, the more likely it is that you will lose touch with the debtor, making it difficult to serve them with court documents and ultimately collect on a judgment.

If you need help collecting a debt, contact Jennie Milligan at jmilligan@beckrobinson.com. She represents clients in both Provincial Court (for amounts under $25,000) and Supreme Court (for amounts over $25,000).

Please don’t rely on this blog post for legal advice! Contact Beck, Robinson & Company for a consultation on your claim.

Your Doctor Is Your Friend

Personal injury claims are built on medical evidence. Particularly at the early stages of your claim, it is essential to discuss your symptoms and limitations with your g.p. An engaged and supportive family doctor is the key to helping you make a speedy recovery and helping to prove that your complaints were caused by the accident.

Sadly, finding a great family doctor is becoming increasingly problematic. Walk-in clinics are more and more becoming the norm. In this setting you may not be treated by the same doctor each time you attend. This can be an impersonal experience. It may also make the clinic record of your treatment less useful in your claim. If you have to use a walk-in clinic, try to see the same doctor as much as possible.

Another, more serious, problem is that some family doctors will refuse to assist you if you have been injured in an accident because they don’t want to be involved with I.C.B.C. or lawyers. This conduct raises an ethical problem for physicicans, but it does happen, and there is very little that can be done to rescue the situation. It’s a good idea to tell your doctor early on that you have an I.C.B.C. claim (they need this for billing anyway) and that you intend to hire a lawyer. Ask if this is a problem. If it is, you should find another doctor, at least to assist with your accident injuries.

It is important to be complete, thorough and truthful with your doctor. Many clients minimize their level of injury, resulting in undercompensation. Your doctor is an expert. Let them decide what is accident-related and what is not.