Court Order Enforcement Act BC: What Judgment Creditors Need to Know

What the Court Order Enforcement Act Actually Does

The Court Order Enforcement Act (COEA), R.S.B.C. 1996, c. 78, is the primary statute that gives judgment creditors in British Columbia the legal tools to collect money owed to them after winning a court case or tribunal order. It does not help you file a claim or prove your case — it kicks in after you already have a judgment and the other side will not pay.

The COEA creates three main enforcement mechanisms: garnishment of wages and bank accounts (Part 1), seizure and sale of personal property (Part 2), and registration of judgments against real property (Part 3). It also sets out exemptions for household furnishings and appliances up to C$4,000, one vehicle up to C$5,000 for a non-maintenance debtor or C$2,000 for a maintenance debtor, and tools and other personal property used to earn income from the debtor's occupation up to C$10,000. Necessary clothing and required medical and dental aids are also exempt.

If you have won a monetary order from the Civil Resolution Tribunal (CRT) or a small claims judgment from BC Provincial Court and the debtor has not paid, the COEA is the statute that authorizes every enforcement step you will take.

The Three Enforcement Tools Under the COEA

Part 1: Garnishment (Wages and Bank Accounts)

Garnishment lets you intercept money before it reaches the debtor. You file an affidavit (COEA Form B) and a Garnishing Order (COEA Form D) at the Provincial Court registry. Once the registrar signs the order, you serve it on the debtor's employer or bank branch.

For wages, the COEA caps garnishment at 30% of net earnings per pay period — the remaining 70% is exempt. For bank accounts, there is no automatic exemption: 100% of balances in a sole-name account are attachable at the moment the bank receives the order. Joint accounts cannot be garnished for one holder's individual debt.

After the garnishee pays funds into court, you serve the debtor with the order and a notice of payment out, then wait 10 days before the court releases the money to you.

Part 2: Seizure and Sale of Personal Property

When a debtor owns tangible property — a vehicle, equipment, inventory — you can apply for an Order for Seizure and Sale (SCR Form 11). Civil execution is carried out by court bailiffs under Ministry contract; a court bailiff is deemed to be a sheriff for civil execution. A private commercial bailiff without that appointment cannot execute the order.

You deliver the signed form to the bailiff along with an upfront security deposit, which typically ranges from C$1,000 to C$3,000 or more. At the time of seizure, the debtor has a chance to pay the amount due. If they do not, non-exempt property may be taken and later sold by auction, sealed bid, or a similar method. The COEA sets statutory priorities for sale proceeds: a qualifying secured creditor with a financing statement registered under the Personal Property Security Act or a charge registered under the Land Title Act is paid first, followed by the debtor's applicable exemption. The court bailiff's fees and disbursements are then paid from the sale proceeds, followed by the judgment creditor; any surplus goes back to the debtor.

The COEA's exemptions apply here: necessary clothing and required medical and dental aids are exempt, and the limits for household furnishings, vehicles, and tools or other personal property used to earn income must be respected.

Part 3: Registration Against Real Property

If the debtor owns land in BC, you can register your judgment against the title. You apply for a Certificate of Judgment (COEA Form E) at the court registry, then submit it through the Land Title and Survey Authority (LTSA) portal. Registration creates a charge on the property. A sale or refinance must address the registered charge, often by paying it from the proceeds.

This registration expires after two years and must be renewed to maintain priority, even though the underlying judgment remains enforceable for up to 10 years under the Limitation Act. A forced sale of the property requires a separate Supreme Court petition, since the Provincial Court has no jurisdiction to order a judicial sale.

How the COEA Connects to CRT Orders

The CRT does not enforce its own orders. A CRT small claims order (generally up to C$5,000) can be filed in Provincial Court. Under section 58 of the Civil Resolution Tribunal Act, other CRT orders for financial compensation or return of personal property can also be filed in Provincial Court if the principal amount or property value is within the C$35,000 Small Claims Act limit. Orders above that limit and non-monetary orders are filed in BC Supreme Court. The CRT provides a validated copy with its decision; the filing fee is C$21. Once filed in Provincial Court, a qualifying order has the same force as a Provincial Court judgment.

CRT orders above C$35,000 — such as some motor vehicle injury awards — go to the BC Supreme Court instead. Non-monetary orders (requiring specific performance, not a payment) must also be registered in Supreme Court.

Costs and Practical Considerations

The costs depend on the enforcement tool. Schedule A lists a C$40 registry fee for issuing a garnishing order; it lists no filing fee for a Form 12 payment hearing summons or Form 11 seizure order. Seizure and sale still requires bailiff execution fees and may require an advance deposit. Registering a judgment against land requires the C$30 Certificate of Judgment fee and an LTSA fee. Under Rule 20(7), a registrar may order collection expenses limited to Schedule A; bailiff costs on unseizable or low-value property can still leave you with a loss.

Before choosing a tool, verify the debtor's assets. A Personal Property Registry search reveals security interests on vehicles and equipment. An ICBC search confirms vehicle registration. A land title search through myLTSA shows real property ownership. Running these searches before committing money to enforcement prevents wasting fees on a debtor who has nothing to seize.

Getting the Complete Process

Knowing the COEA exists is the first step. Executing each enforcement tool requires specific forms, affidavits, service timelines, and filing sequences — one mistake can invalidate a garnishing order or delay a hearing by weeks. Our BC Order Enforcement Guide walks through every step from filing the validated CRT order to closing the case after full payment, with interest-tracking worksheets and pre-filing checklists included.

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