Recovering money paid into court (Provincial)

Last revised December 19, 2024

Under certain circumstances money may be paid to a court and held pending a decision in the case. This is usually because of a previous garnishment order or because the other party was compelled to pay as a security for costs.

This short guide explains how to recover money that you are entitled to that is being held by the Provincial Court of BC. Note that this guide only covers the recovery of money already held in court, not other money which you may be entitled to from a judgment.

Once the court has decided in your favour there are three possible methods you can use to recover the money owed:

1. If both parties agree, then you can both sign a Consent Order, which will allow the court to release the funds to you. Court Order Enforcement Act s. 13(4)
2. If a default judgment was entered, which means that the opposing party did not reply, then you can apply to the court to have the money paid out to you. This can be done three months after the money was paid into the court. Court Order Enforcement Act s. 13(1)(b)
3. If you have an address for service for the debtor you can serve them with a Notice of Payment Out, which informs the debtor that you will be recovering the money that they paid into the court. Once you have served the debtor you can request the money from the registrar being held in court after a ten day period. Court Order Enforcement Act, s. 13(1)(a)