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Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 04-25-2010, 04:54 AM   #1
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Old 04-25-2010, 09:07 AM   #2
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Old 04-25-2010, 02:46 PM   #3
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Old 04-25-2010, 11:20 PM   #4
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http://www.cba.org/BC/public_media/small/166.aspx
http://www.ag.gov.bc.ca/courts/small...es/serving.htm

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How long do you have to serve your Notice of Claim?
After you’ve filed your Notice of Claim, you have 12 months to serve it on the defendant. If your 12 months are just about up, you can apply to the court to renew your Notice of Claim and extend the time allowed for serving the defendant.
Quite frankly, I don't know how the person can serve the notice if you avoid contact with him/her or his/her representative.
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Old 04-26-2010, 01:41 AM   #5
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Old 04-26-2010, 04:16 AM   #6
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Old 05-09-2010, 05:32 PM   #7
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First off, you're an idiot! Why would someone go to the trouble of notifying you, serving you rta papers, going to the rta for dispute papers n a hearing, win, and not persue with a monetary order?
Of course he's going to...unless it's a 5dollar win for him.
And he can apply for a garnishment order. I've done it. I've also waited a few years to let the goof think I was going to let it slide. Then, out of the blue one day I went in and jacked him 2800!!! Boy he mustve been pissed!!!
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Old 05-09-2010, 09:13 PM   #8
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Old 05-10-2010, 01:36 PM   #9
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If I recall correctly, rta would've sent him/her a full description as to the decision made. With that should follow a monetary order. You shouldve received the monetary order if not both. If he took you to small claims in feb and won, he does not need to serve you a pay order. You wouldve been there. But if what you meant was that he filed a claim against you and it was received by the courts feb 09, and you still have not heard back from the ex-tenant nor from the coruts, then perhaps he died on the knight bridge a few nights ago and you're off the hook.

You're asking me why he'd drop it? How the flip would I know? What I'm telling you is that he wouldn't! And you'd be an idiot to think - short of a fatal accident - that he would.

And btw, you sound like a pretty upstanding landlord: has a dispute with a tenant, pisses him off enough for him to go through a dispute resolution with the rta, LOSES his case, and FAILS to pay the monetary order he's already been served with! Idiot!
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Old 05-10-2010, 03:17 PM   #10
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Old 05-10-2010, 03:24 PM   #11
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Old 05-11-2010, 08:08 AM   #12
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The MAIN reason why someone would go through the entire RTA process and NOT serve to get the money is due to the hassle he / she has to go thru.

Do you know how hard it is to enforce it? Just because you won, he/she has to chase after you to get the money. He would have to find you and then you would have to literally be "willingly" give him the money.

Not only is it hard to serve the notice, but it takes time and effort. Imagine you live in an apartment, he /she would have to find access to entire the building before he /she tapes a notice on your front door. He/she would have to drive to your work and serve to your employer. Now, if your tenant needs to garnish your bank account, they would need to have ALL of your bank info to do so.

Trust me, I've had won tons of times but to chase after a low life for 1000 dollars when he only has 30 dollars in his account is just too common.
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Old 05-11-2010, 04:19 PM   #13
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Old 05-13-2010, 07:25 PM   #14
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I apologize for assuming what happened. however, as a word of advice to other landlords here in a situation where the tenant has not given a forwarding address:
Write a cheque, certify mail it to HIS/HER previous address....ie...YOUR home they were renting! They are not required to give u their current location since it is assumed canada post will automatically forward it. Do this to show that you've done, to the best of your ability, to contact them.

If he won by default due to your inability to be present, you should file an appeal. I believe there's a box where you can attempt to bring up that you, under no fault of your own, and due to an unforseeable event were unable to make the call.

It'll be hard since I believe hearings are done 3months in advance...in my experience with them as both LL and T.
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Old 05-14-2010, 02:09 AM   #15
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Old 05-14-2010, 09:49 AM   #16
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How can they rule against you when the T broke the term? The only time this would be allowed is if the property is dilapidated, infested with cockroaches, poses a health hazard. In the future, get double signatures on all pieces of written communication. Will save you a bundle.
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Old 05-14-2010, 01:45 PM   #17
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Old 05-14-2010, 08:47 PM   #18
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Uhm....footsteps? Like the sound?? Wtf is she a cat? And how are you even able to control surrounding environmental noise? Post signs n tell your neighbours not to walk? I mean, even in a condo with their crazy strata you can't say to them "no flushing your toilets after 8pm" or something

Do yourself (and future ll of hers) a favor and file a dispute res against her for the breach of contract.
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Old 05-15-2010, 01:16 AM   #19
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Old 05-15-2010, 02:19 PM   #20
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Please do not miss this hearing. You'll only give her the fuel to do this to someone else
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Old 05-15-2010, 06:27 PM   #21
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Old 05-17-2010, 06:27 PM   #22
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If she wins and you don't pay...she'll prolly go after you in smallclaims. Why would you want to pay the original amount + court fees? Take your lumps.
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Old 05-18-2010, 02:12 AM   #23
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