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.