Collecting unclaimed court funds

Perhaps you received a letter from BC Unclaimed saying they have court funds you may be entitled to. Or maybe you searched your name on their database and turned up a result relating to a court case you were involved in. To claim those funds, you need to have a court order that proves your entitlement to the funds and directs BC Unclaimed to pay them to you. We explain the process, and walk you through the steps to apply for a court order.

What you should know

In some court cases, a judge orders someone to pay money into court. For example, consider a lawsuit involving a debt. The court can order the debtor to pay money into court, and then make a judgment that the funds owed be paid out to the creditor. The money that’s paid into court is often referred to as court funds.

Sometimes, a person entitled to receive court funds doesn't follow up to have the money paid out to them. Or there may be some money left over after everyone else has received their share. The money left over might end up sitting in court, untouched and forgotten about. If no one deals with the court funds for five years, the law considers it to be unclaimed property.

When court funds become unclaimed property, the court transfers the money to BC Unclaimed. BC Unclaimed is an independent, non-profit organization that administers BC’s unclaimed property program. Their role is to locate the owners of unclaimed property in the province and reconnect them with their money.

When BC Unclaimed receives unclaimed court funds, they add the parties named in the court case to their searchable database. They try to contact those involved to let them know that BC Unclaimed is holding funds they may be entitled to.

Unlike other types of unclaimed property, BC Unclaimed can’t decide who’s entitled to court funds. Under the law, they hold the money on behalf of the rightful owner until the court tells them who to pay the funds to.

To claim court funds held by BC Unclaimed, the owner needs to have a court order that proves they’re entitled to the funds. A court order tells BC Unclaimed who owns the court funds, and instructs them on how to pay it out. Below, we walk you through the steps to apply for a court order if you don’t have one.

If you already have a court order saying you’re entitled to the court funds, you don’t need to apply for a new one. To claim the funds, submit the following to BC Unclaimed:

a certified true copy of the court order directing BC Unclaimed to pay you court funds, and
two pieces of government-issued ID.

A certified copy of the court order is the copy stamped and signed by the court registry. You can upload a scanned copy of the order, with your two pieces of ID, to BC Unclaimed’s website. Or, you can send the documents by mail to:

BC Unclaimed
PO Box 18519
West Georgia RPO
Vancouver BC V6Z 0B3

The steps involved

First, locate the documents from the original court case where you were directed to pay money into court. These documents have important information that’ll help you decide on your next steps.

You have a couple of options to locate documents from the original court file.

You can search online

The first option is to search for the case materials online. Court services online is BC’s online court registry. You can use the e-search tool on their website to look up the original court file. Search by the court file number, if you know it, or by the name of a party involved. For a $6 service fee, you can view the details of the files located by your search. Here’s a guide explaining how to do an e-search.

If your online search doesn’t turn up any results, or you aren’t otherwise able to access your court file online, you have another option.

Go to the registry in person

To find the original court documents, you can contact the court registry that has the file. In most cases, this is the same location where your court case was heard. The location will be noted on the stamp or seal of any original documents you have from the case. Provide the court file number. You can find this number in the top right corner of any court documents you have from the case. It’s also usually included in any correspondence you received from BC Unclaimed.

Ask if they have the file at the registry. If they don’t, request to have it ordered in. When the registry tells you that the file is available to view, go there in person.

Once you’ve located the court file, read through the documents carefully. Pay particular attention to any orders the judge made in your case. Make note of the following:

What was the full amount of money paid into court?
How did the judge order the court funds to be paid out? What was each party’s share of the funds to be paid out?
Did the judge make any other orders affecting each party’s entitlement to the court funds? (For example, an order that all secured creditors be paid out prior to unsecured creditors receiving their share.)
Are there any unresolved disputes about entitlement to the court funds?
Are there any outstanding orders that have yet to be enforced?

This information will be necessary in preparing the court documents you’ll need to collect the unclaimed court funds.

Once you’ve written down the key details from your court file, scan through the documents to find the other party’s contact information. Also, write down the important dates, like when any hearings took place or any orders were filed. You’ll need to refer to these points as you proceed to the next step.

Next, reach out to the other party (or parties) involved in the case. Provide some context so they know what it relates to. Remember, at this point it has been years since the original trial or hearing, and they may have forgotten about it.

Summarize what happened in the case. Tell them the court file number, the names of the parties, and any key dates. Let them know you are seeking an order to have court funds paid out to you, and explain why you think you’re entitled to the money. Ask them what position they will take on your application. (That is, whether they’ll consent to it or dispute it.)

If the other party is a business, like a financial institution, you may need to ask to be transferred to their legal or collections department.

If you’re having trouble connecting with the other party

If the other party is an individual and you’re having trouble finding their current contact information, you have options. A Google search, with their first and last names in quotes, may turn up a result. You can also try checking on social media, like Facebook or LinkedIn. Another option is a service like Canada411.ca or 411.com, which allows you to search for a person’s address by name or phone number.

If the other party is a business, a Google search is a good place to start. Consider trying an online service like OrgBook or Canada’s Business Registries. Another option is to submit a search request through BC Registries, although you may have to pay a fee.

Your options from this point forward depend on your situation.

If the other party agrees with your position

If the other party agrees with you about your entitlement to the court funds, you can ask the court for a consent order. With a consent order, you’re telling the court that you and the other party have reached an agreement in the matter. So you don’t need to attend a hearing to have a judge resolve it for you.

To get a consent order, you must prepare a requisition (form 17) together with a draft order (form 34). Once you’ve filled out the forms, file them with the court registry. The registry staff will tell you if there’s a problem with your documents, and may ask you to appear in court to explain your case. If your order is approved, the registry will return it to you, stamped and ready to be enforced.

Tips for completing the forms

In completing the requisition:

In the “filed by” field, indicate who is making the requisition. If you are the claimant, you would put “the Claimant, [your name].”
In the “required” field, say that you’re asking the registry to pay out the unclaimed court funds to you according to the terms of the draft order, by consent.
In the section on the material to be relied on, list the draft order that you will prepare.

In completing the draft order:

In the section on what order you’re asking for, say that you’re requesting an order that money that was previously held in your court case and has since been transferred to BC Unclaimed be paid out to you. Make sure to include the exact sum. Include the words “by consent” at the beginning of the sentence.
In the signature section, sign the draft order and print your name. It must also be signed by all the other parties consenting to the order (or the lawyers representing them).

If you’re asking for a consent order, you don’t need to proceed to steps five through nine.

If the other party disputes your position

If the other party disputes your entitlement to the court funds, you need to schedule an application hearing. Decide on a date with the other party. Choose a date when you’re both available. You can set your hearing for any day the court sits in chambers. Chambers is a term for a simplified type of hearing that’s different from a full trial (where evidence is given through witnesses).

Every court registry has a different chambers schedule and booking process. Reach out to the registry where you’ll file your application. Let them know your preferred date and ask to book a time slot. You can look up registry contact information and chambers schedules here.

Next, we walk you through the steps to prepare your application.

Next, fill out the forms to apply to have the court funds paid out to you. There are three forms involved:

Tips for completing the forms

In completing the notice of application:

In the section on what order you’re asking for, say that you’re requesting an order that money that was previously held in your court case and has since been transferred to BC Unclaimed be paid out to you. Make sure to include the exact sum.
In the section on the factual basis, write out the sequence of events that led to your funds being held by BC Unclaimed. Use short, numbered paragraphs.
In the section on the legal basis, write the law or legal rule you’re relying on in bringing your application. For example, “the inherent jurisdiction of the Court over its processes.”
In the section on the material to be relied on, list the affidavit that you will prepare.
Where it asks you to estimate the time the application will take, say 10 minutes.

In completing the draft order:

In the section where you’re given the choice between three provisions, select the first one and fill in the blanks. That is, the one including the phrase “coming for hearing at.”
In the section on what order you’re asking for, say that you’re requesting an order that money currently held by BC Unclaimed be released and paid out to you. Say the exact amount, including any interest.
Before your hearing, you can take the draft order to the registry to be vetted. This means the registry staff will have a look at it to make sure it’s in the proper form. They’ll make a note on the order that it has been vetted.

In completing the affidavit:

In the section that starts “I swear (or affirm) that,” write the facts that explain why the court should order that the funds be paid to you.

The next step is to take your completed forms and file the paperwork at the Supreme Court registry.

First, make a copy of your application and supporting documents for your own files. You should also make copies for each of the parties you have to serve. (Below, we explain who you have to serve and how to do it.)

Take your application to the registry that holds your file. The clerk will have a look over your forms to make sure they’re complete. Then they will stamp each document with the court seal and the date it was filed. They will add the original documents to your file, and return the stamped copies to you.

Note that you will also have to pay the filing fee. Fees change from time to time, so consider checking with the registry, at the courthouse library, or on the court website.

Once your application is filed, you have to serve the other parties with stamped copies of the documents. “Serving” means delivering the documents to them. You must serve every party named in your application and anyone who may be affected by the order you’re seeking.

You can serve documents in your case by:

leaving them at the person’s address,
sending them by ordinary mail,
faxing them, or
sending them by email.

You have to serve the filed application, together with the filed affidavit and draft order, at least eight days before the hearing date. See this guide for more on serving documents.

Next, you need to create an application record. This is a binder that you file with the court before your hearing. It has all the important documents that the person deciding your case will need to make a decision.

The application record must include the following documents, in this order:

a title page with the style of proceeding (the heading that identifies key information in your claim: the parties, the court, and the file number)
an index
a copy of the filed notice of application
a copy of each filed application response (if any)
a copy of the filed affidavit and any other document you’ll rely on at the hearing

You can also include a copy of your draft order, but this is optional.

You must provide an application record to the court registry no later than 4 pm one full business day before the hearing, but no earlier than 9 am three full business days before the hearing.

See this guide for more on preparing an application record.

At the hearing, you and the other party will both present your case. Generally, you (the applicant) will be able to speak first. Then the other party will have a chance to respond, and you may have the chance to reply to what they said.

At the end of the hearing, whoever is deciding your case (it will be either a judge or a master) will make an order. If your application is successful, you can ask the judge or master to sign your draft order. The court clerk will hand it to them, and if it is accurate and has been vetted, they will sign for you.

For more on application hearings, see this guide. Also, consider reviewing this guide for practical tips on going to court.