Claiming court funds from BC Unclaimed
Last revised January 14, 2025

BC Unclaimed Property Society is a non-profit society that re-unites people with unclaimed funds in British Columbia. The organization is governed by the Unclaimed Property Act and the Unclaimed Property Regulations. Unclaimed funds can be from various sources such as credit union accounts, insurance payments and payments into court.

Money that is unclaimed after a court case is over is sent to BC Unclaimed.  When BC Unclaimed receives it, they add all the parties named in the court case to their database and hold the money until the court makes an order that directs BC Unclaimed to pay out the money to a specific person(s).

How to get a court order for unclaimed funds

To get a court order that says the unclaimed funds should be payable to you, you need make an application.  In order to do that, you will first need to identify the original court order that directed funds to be paid into court.

The original file number of the court matter or party names can be searched at a Court Registry or via Court Services Online to locate the original court order.  However, the registries only keep files for a certain number of years.  For example, in Vancouver:

  • Civil files are retained for approximately 13 years
  • Family files are retained for approximately 27 years
  • Probate files are retained indefinitely in the BC Archives.

Once the order is found, review it to see if you are entitled to the funds.  If you are, make an application to get a new court order that identifies the party or parties entitled to the money and directs BC Unclaimed to transfer it to them.

  • For Provincial Small Claims, apply using a Form 17, Application to a Judge or Justice.
  • For BC Supreme Court, apply with a Form 32 Notice of application, a supporting Form 109 Affidavit and a Form 35 Order made after application. The affidavit should address why the money was paid into court in the first place and what the applicant’s involvement in the money was.

BC Unclaimed maintains a free, searchable database of unclaimed funds in BC. More information about the process for claiming money that did not originate in the courts, for example, credit union accounts, unpaid wages, and insurance payments can be found on the BC Unclaimed website.

 

Content reviewed January 14, 2025

 

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