Default Hearing and Contempt of Court in BC Small Claims

When a Default Hearing Applies

A default hearing under Small Claims Rule 13 is triggered when a debtor has been ordered to make payments — either at a payment hearing, after trial, or through a consent order — and then stops paying. A single missed installment is enough to breach the schedule and give you the right to file.

This is different from a regular payment hearing (Rule 12), which is used to examine a debtor's finances and set the payment schedule in the first place. A default hearing addresses the breach of an existing court order.

Filing the Summons (SCR Form 14)

You file a Summons to a Default Hearing at the Provincial Court registry where your judgment is registered. The form requires details about the existing payment order and the specific default — which payment was missed, the date it was due, and the outstanding balance.

The registry assigns a hearing date and returns the sealed summons. A court bailiff or sheriff must serve the person named in the summons by leaving it with them at least 14 days before the hearing, and must also provide a blank Form 39 and, unless the debtor is a corporation or partnership, a blank Form 40. The person must file required financial records at least 7 days before the hearing and serve them on you at least 2 business days before. File an Affidavit of Service (Form scl004c) to prove service was completed.

As with payment hearings, Practice Direction SM CL 02 makes in-person attendance the default for default hearings unless a judge orders another attendance method. The debtor must appear physically in the courtroom unless the judge orders otherwise.

What Happens at the Hearing

At a Rule 13 default hearing, the judge may confirm the payment schedule or change it in any manner the judge considers fair to the debtor and creditor. The rule does not require the debtor to prove a change in circumstances or hardship.

The judge may change the payment schedule or other order after considering the evidence and submissions. A judge may issue a warrant requiring imprisonment for up to 20 days only if the debtor has not obeyed the schedule and the judge considers the debtor's explanation, or failure to explain, to amount to contempt of court.

Contempt Penalties

A judge may find contempt under Rule 13 if the debtor has not obeyed the payment schedule and the judge considers the debtor's explanation, or failure to explain, to amount to contempt of court. The judge may issue a warrant requiring imprisonment for a specified period of up to 20 days.

Serving a jail sentence for contempt does not cancel or reduce the underlying judgment debt. The debtor still owes the full balance after release. Contempt is a penalty for disobeying the court order, not a substitute for payment.

In practice, judges use contempt as a last resort. The more common outcomes are revised payment schedules, orders to provide financial documents, or stern warnings. But the possibility of jail time gives the default hearing real teeth — it is the one enforcement mechanism that can directly restrict the debtor's liberty.

When the Debtor Does Not Attend

If a person who was served with a summons fails to appear at the default hearing, the judge may issue an arrest warrant if you ask. After the person receives a notice of arrest, a sheriff or peace officer may arrest them if they do not arrange to attend court voluntarily within 7 days. The same request and notice process applies to a no-show at a payment hearing under Rule 12.

Relationship to Other Enforcement Tools

A default hearing does not prevent you from using other enforcement tools. If you learn at the hearing that the debtor has assets — a bank account at a specific branch, a vehicle, real property — you can pursue garnishment, seizure, or land registration in parallel.

However, if a payment schedule is in effect and the debtor is making payments, that schedule acts as a stay on aggressive enforcement. You cannot garnish wages or send a bailiff while the debtor is complying with court-ordered installments. The default hearing is how you lift that stay when compliance stops.

Our BC Order Enforcement Guide covers the full enforcement sequence — payment hearings, default hearings, garnishment, seizure, and land liens — with the exact forms and timelines for each step.

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