What are unclaimed court funds?
In some court cases, a judge will order money to be paid into the court. Foreclosure and debt cases are two examples where money gets paid into courts. Another type of court fund is restitution (a payment to benefit a victim for an injury or loss). Restitution may be paid into court as part of the resolution of a criminal case.
Sometimes no one follows up with the court to have the money paid out, or there is money left over after one person receives their share. After five years, that money is considered unclaimed, and the courts transfer it to BC Unclaimed.
What is BC Unclaimed’s role in handling unclaimed court funds?
When the court transfers this money to BC Unclaimed, we add all the people or organizations named in the court case to our searchable database. We try to find the people involved and we send out letters to notify them that BC Unclaimed is holding money they may be entitled to.
We don’t decide who is entitled to money from a court case. The Unclaimed Property Act states only the court can tell us who is entitled to the funds. We hold the money on behalf of the court and rightful owner. If you believe you are the rightful owner, you must get a court order directing BC Unclaimed to pay you the funds. We will then pay out the funds as directed by the court.
The rightful owner may need to make an application to the court to have this order issued. BC Unclaimed does not charge any fees, but an owner may incur court or legal fees.
What is a court order?
A court order is, essentially, a document from the court stating what the court orders. There are many possibilities for what a court order could include. For the purpose of claiming unclaimed funds from BC Unclaimed, the court order will need to show the name of the case and to whom BC Unclaimed should pay the funds, and how much.
A “court-certified court order” simply means a court order that was stamped by the registry and “certified” true.
What’s involved in getting a court order?
Getting a court order in Supreme Court is a process that generally involves making an written application to the court on the correct forms, putting your evidence/proof of rightful ownership in writing in an affidavit, giving notice of your application and affidavit to the other parties (this is called “service”), and then going to court to present your case, or filing for a desk order if everyone agrees.
Peoples Law School has a self help guide for cases in Supreme Court that gives a good overview. The process is similar in Provincial Court, but you may be able to give your evidence verbally instead of in writing.
What does a court order cost?
For Supreme Court funds, expect to pay at least $160 in court fees. This factors in the cost of filing a notice of application ($80), affidavit ($40), and getting a certified true copy of the court order ($40). The exact costs may be higher depending on the circumstances of your case.
For Provincial (Small Claims) funds, expect to pay between $50-$100 to file an application and have a certified true copy made. The exact costs will depend on the circumstances of your case.
You have a court order. How do you claim court funds from BC Unclaimed?
What is BC Unclaimed’s role in handling unclaimed restitution payments?
If money is paid into court as restitution, BC Unclaimed will advise you by letter and no additional court order is required.
If BC Unclaimed has told you the money is a restitution payment, please use our website to upload a letter explaining why you are the person entitled to the restitution (i.e., what happened) and a copy of two pieces of your government-issued ID.
Common questions
Resources
Need more help obtaining a court order? Here are some resources that may help.
Courthouse contacts
People’s Law School guide to collecting unclaimed court funds
People's Law School : Collecting unclaimed court funds
Online court help guides, legal information, and resources
Courthouse Libraries BC: Free access to Court Services Online to view the court file at any of their thirty library locations across the province.
Free or low-cost legal advice
Access Pro Bono’s Everyone Legal Clinic (select "civil disputes")
Amici Curiae (AC) Friends of Court (paralegals who help filling out forms for free)
Thompson Rivers University Community Legal Clinic (TRU CLC) (student-staffed, free legal clinic in the BC Interior)
UVIC - The Law Centre (student-staffed, legal clinic in Victoria)
Unbundled Legal Services (legal coaching and support)
Justice Access Centres (limited legal advice and Supreme Court information)
Supreme Court Information Packages (for help with fees: select Order to Waive Fees Package)