Debt Collections Lawyer in British Columbia
If you’re a business owner or creditor in British Columbia who is owed money and the other side won’t pay, you’ve probably already sent emails, left voicemails, and maybe even tried negotiating a payment plan on your own. At some point, you need a lawyer involved.
HS Law Corporation is a British Columbia, Canada debt collections lawyer with more than 20 years of experience recovering debts for creditors across the province. We take collection matters from the first demand letter all the way through court filings, judgment, and enforcement, and we’ve recovered millions of dollars for our clients doing exactly that. If you want to know where you stand before spending anything, contact us to set up a free 30-minute consultation by phone or video.
Why Choose HS Law Corporation for Debt Collection in British Columbia?
Experience That Spans Two Decades and Multiple Jurisdictions
Hogan Song founded HS Law Corporation and handles all debt collection and business law matters personally. He completed both his undergraduate and law degrees at the University of Alberta, one of Western Canada’s oldest law schools, and has spent over 20 years practicing in corporate, commercial, and litigation matters across Canada and internationally. That range of experience matters in collections work because debtors don’t always stay in one place, and the strategies for pursuing them need to adapt to different courts, different provinces, and sometimes different countries.
Hogan is a member of the Law Society of British Columbia and sits on the government relations and economic development committee of the Tri-Cities Chamber of Commerce. He’s also a board member of the New View Society, which supports mental health recovery in the Tri-Cities, and serves on the board of the Tri-Cities Seniors Action Society. He isn’t just practicing law in British Columbia, he’s invested in the communities where his clients live and run their businesses.
A Track Record of Getting Creditors Paid
When a debtor cooperates, we settle the matter quickly. When they don’t, we pursue collection through BC’s Provincial Court for amounts up to $35,000 or through BC Supreme Court for larger claims. We don’t hesitate to litigate when it’s the right move.
Honest Billing from the Start
We bill debt collection litigation on an hourly basis. We do not take these files on contingency. But we also don’t let anyone walk into a retainer agreement without knowing what they’re looking at with projected timelines, estimated costs, and a realistic assessment of what recovery looks like. Our initial 30-minute consultation is free, and most clients leave that call with a clear sense of whether pursuing the debt makes financial sense.
What Our Clients Say
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“Hogan was very honest and helpful throughout the whole process. He was extremely timely, friendly, understanding and professional. We would definitely work with Hogan again!” — Lauren D
Read more reviews on our Google Business Profile.
Types of Debt Collection Cases We Handle in British Columbia
We represent creditors across a wide range of industries and claim types. Some of our files involve straightforward invoice disputes worth a few thousand dollars; others are six-figure commercial claims that end up in civil litigation in Supreme Court.
- Unpaid invoices and accounts receivable. This is the bulk of what we do. A business delivers goods or services, sends an invoice, and never gets paid. Sometimes the debtor disputes the bill; sometimes they simply go silent. Either way, when a client refuses your invoice after repeated follow-up, we send a formal demand and pursue the claim in court if that doesn’t produce results.
- Contract disputes. When someone breaches a contract and the result is money owed, that’s a debt. We act for the party who held up their end of the agreement and was never compensated.
- Promissory notes and loan defaults. Borrowers who fail to repay personal or business loans according to the agreed terms face legal consequences, and we help the lender enforce those terms through the courts.
- Commercial lease arrears. Unpaid rent creates a serious cash flow problem for landlords and property managers. We pursue the outstanding amount plus any related damages or costs.
- Construction and trade debts. Contractors, subcontractors, and suppliers who finish the work but never see payment face a particularly frustrating situation. BC law provides several avenues for recovery, and we help tradespeople navigate the right one.
- Partnership disputes involving money owed. When a business partner fails to account for funds or owes money under the terms of their agreement, the legal remedies range from an accounting order to full dissolution. We assess the facts and pursue whichever route gets our client paid.
- Judgment enforcement. Already won in court but the debtor still hasn’t paid? We handle post-judgment enforcement including garnishment, asset seizure, and registration of the judgment against land to turn that court order into actual money.
British Columbia Legal Requirements for Debt Collection
A few key provincial statutes shape how debt collection works in BC. Creditors who don’t know these rules can lose their right to collect altogether.
The Limitation Act, SBC 2012, c. 13 gives you a two-year window. From the date a debt becomes payable, you have two years to start a court action. Miss that deadline and you may lose the ability to sue, period. The limitation period can reset if the debtor acknowledges the debt in writing or makes a partial payment, but only if that acknowledgment happens before the two years expire. After that, nothing restarts the clock. We see creditors get caught by this rule regularly, which is why we push clients to act sooner rather than later.
The Business Practices and Consumer Protection Act and the Debt Collection and Repayment Regulation set out the rules for collection agencies operating in BC: no harassment, no contacting third parties without authorization, and mandatory written notice before a collector can initiate any verbal contact with a debtor. Lawyers practicing in their regular capacity are exempt from licensing as collection agents, though they remain subject to the Law Society’s conduct rules.
Once you have a judgment, the Court Order Enforcement Act governs enforcement. You can garnish up to 30% of the debtor’s net wages after statutory deductions, attach funds in bank accounts, and register your judgment against the debtor’s real property so they can’t sell or refinance until you’re paid. BC has also passed the Money Judgment Enforcement Act, which will eventually replace much of this framework with a centralized registry and a more streamlined process, though it is not yet fully in force.
Important Aspects of a British Columbia Debt Collection Case
Writing an Effective Demand Letter
Before filing anything in court, you need to send a written demand for payment. The letter identifies the amount owed, the basis for the debt, a deadline for payment, and what happens if the debtor doesn’t comply. This is partly procedural. Courts expect you to have attempted resolution before filing, but it’s also practical. A large number of collection files we handle at HS Law resolve after the demand goes out, because many debtors will pay once they realize litigation is genuinely coming.
Choosing the Right Court Forum
Where you file depends on how much the debtor owes you. The Civil Resolution Tribunal takes most claims under $5,000. Provincial Court handles claims between $5,001 and $35,000 through a process that’s less formal and less expensive than the Supreme Court. And claims above $35,000 go to BC Supreme Court, where the procedural requirements are more involved and the costs go up accordingly. For debts that land just above the $35,000 mark, some creditors decide to abandon the excess and file in Provincial Court instead, which can make sense depending on the circumstances.
Responding to Debtor Defences
Not every debtor will simply accept the claim. Some argue the amount is wrong, or that the work they received was deficient, or that the limitation period has already run out. These defences can extend the timeline, but strong documentation through the original contract, invoices, emails confirming delivery, and any written acknowledgments goes a long way toward defeating them. In cases where the debt is owed by an estate, conflicting claims from beneficiaries and other creditors can introduce additional procedural complexity.
Enforcing the Judgment Once You Have One
Getting a court order in your favour is not the same as getting paid. If the debtor won’t pay voluntarily, you need to enforce through wage garnishment, bank account seizure, personal property seizure, or registration of the judgment against the debtor’s land. You can also conduct an examination in aid of execution, which forces the debtor to disclose their income, assets, and financial obligations under oath.
Judgments in BC are enforceable for 10 years, but the sooner you pursue enforcement, the better your chances of actually collecting. Debtors who know they owe money sometimes move accounts, transfer assets, or relocate to avoid payment. Our estate administration work has given us direct experience with asset tracing and disputes involving multiple parties, which overlaps with the more complex collections files we take on.
Contact HS Law Corporation
If you are owed money and the debtor will not pay, we can help you figure out the most effective way to recover it. Our free 30-minute consultation gives you a realistic assessment of your claim and a clear outline of what the process will look like.
We handle debt collection cases throughout British Columbia. Contact us to schedule your consultation.
