Frequently Asked Questions
If your claim is for $15,000 or less, you can sue in Small Claims Court. To file a Small Claim, go to the local Small Claims Court office. You’ll have to fill in a form and pay a filing fee. If your claim is for an amount under $5,000 you must pay a $50 filing fee. If your claim is for an amount between $5,001 and $15,000, you must pay a $75 filing fee. A hearing date will be set for you when you hand in the form and pay the filing fee. Before the hearing date, you will have to provide a copy of the Claim to the person you are suing. You’ll get more information about how to do that when you file the claim. At the hearing, both you and the other party will have a chance to give your side of the story and to provide the Court with any evidence you have of the loan and any payments made.
For more information about Small Claims Court contact the Small Claims Court Office. A list of court locations can be found here:
If your claim is for more than $15,000, it will proceed as a civil claim in the Court of King’s Bench. These proceedings are governed by the Court of King’s Bench Rules.
Because civil claims have more complicated procedural rules and may involve more complex legal issues than small claims, it is recommended that you consult with a lawyer. If you need help finding a lawyer, please contact the Law Phone-In and Lawyer Referral Program at (204) 943-2305, or 1-800-262-8800 (outside Winnipeg).
You can sue the buyer for the money owing in Small Claims Court. You can’t just take your car back.
To file a Small Claim, go to your local Small Claims Court Office. You’ll have to fill in a form and pay a filing fee. A hearing date will be set for you when you hand in the form and pay the filing fee. Before the hearing date, you will have to provide a copy of the claim to the person you are suing. You’ll get more information about how to do that when you file the claim. At the hearing both you and the buyer will have a chance to give your side of the story and to provide the Court with any evidence you have of the contract.
For more information about Small Claims Court contact the Small Claims Court office. A list of court locations can be found here: http://www.manitobacourts.mb.ca/site/assets/files/1672/small_claims_handout_-_english_final_feb_2018.pdf
You will have to take steps yourself to collect this money. The Court will not do it for you. After the hearing, you’ll get a Certificate of Decision in the mail. Once you have this, you can take steps to enforce the Decision and collect the money.
The most common way to enforce a decision for money is by garnishing the wages or bank account of the person who has to pay you. There are a few documents that you have to fill in to get a Garnishment Order. You can photocopy the forms at the Small Claims Court office for a small fee. There is also a $50 fee that you have to pay to get the Garnishment Order, but you can add these costs to the money you are owed and collect it back in the garnishment.
When you garnish wages, the Garnishment Order is in effect on the 1st Monday after you deliver it to the employer and it stays in effect for one year. There are rules about what part of the person’s wages the employer can pay out to the Court. If you are still owed money after the Garnishment Order expires, you must apply for a new notice of Garnishment basing it on the amount still owing. You are allowed to add your costs each time.
When you garnish a bank account, the Garnishment Order is only good on the day you deliver it to the bank. The bank will search for any and all accounts in the name of the person who is being garnished and will pay to the Court all the money found in those accounts up to the total amount in the Garnishment Order.
If garnishing does not work, there may be other ways to collect your money. For example, filing a Certificate of Judgment against real estate owned by the person who owes the money. You may also be able to have the sheriff seize and sell personal goods of the person who owes you money. Contact the Law Phone-In and Lawyer Referral Service Program, for more information on your options.
CanLII (or The Canadian Legal Information Institute) is a not-for-profit organization managed by the Federation of Law Societies of Canada. CanLII has a free database of legal information, including cases from each province and territory in Canada. You can search court decisions of various levels of court, tribunals, and administrative and regulatory bodies. There are also statutes and regulations available on the website, and legal commentary.
The Manitoba section of CanLII has court cases from the Manitoba Court of Appeal, Court of King’s Bench, and Provincial Court. There are decisions available from the Manitoba Human Rights Commission, Manitoba Labour Board, Manitoba Securities Commission, Manitoba Health Appeal Board, Labour Arbitration Awards, College of Physicians & Surgeons of Manitoba Discipline Committee, and the Manitoba Law Society Discipline Committee.
The E.K. Williams Law Library at Robson Hall has a collection of legal resources available to the public. They are located at 224 Dysart Road at the University of Manitoba and can be reached at 204-474-9995.
If you want to make sure that a witness will be at trial, you can serve them with a subpoena (Form 53A). The subpoena can be used to make sure the witness attends trial and brings relevant documents in the witness’ possession. The subpoena must be served personally on the witness and attendance money must be paid at the time of service. Tariff B of The Court of King’s Bench Rules sets out the amount of attendance money. If the witness does not show up after being properly served with a subpoena, the trial judge can issue a warrant for the witness’ arrest.
The Court of King’s Bench Rules, Tariff B