Serve and enforce a Monetary Order

Last updated on December 11, 2023

​Monetary Orders instruct a person to pay another person a specific amount of money. Find out what you need to do if you are the successful party in a dispute and have been granted a monetary order.

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Serve a Monetary Order

If you are the successful party in a dispute and have been granted a Monetary Order, you need to serve the other party a copy of the order along with a demand letter. 

The demand letter should clearly state:

  • The form of payment you will accept
  • Where you expect payment to be delivered
  • A reasonable amount of time permitted to make the payment

If necessary, this letter can be used as evidence in small claims court to enforce the order.

Methods of service

There are several ways to serve the order. Review methods of service to find out your options.

Apply for a special order to serve documents using other methods

In rare cases, you may be unable to serve a document using the available options. To serve documents in a different way you must apply for a special order. This is called a substituted service order. 

You need to provide proof that you have tried to serve the document. The proof must show:

  • You made a reasonable effort to serve the documents using one of the available options and were unsuccessful
  • The other party is likely to receive the document using a method that you propose

Apply online

You can apply for a substituted service order online by going to the Dispute Access Site.

Apply by paper

Submit the Application for Substituted Service (PDF, 101KB) - Form RTB-13 to the Residential Tenancy Branch office in Burnaby or your local Service BC office.


Recover costs

Tenant recovering costs

If the successful party is a tenant who is owed money by the landlord, the tenant may deduct the amount of the monetary order from rent.

It is a good idea to inform the landlord in writing of the reason for the deduction.

Landlord recovering costs

If the successful party is a landlord who is owed money by the tenant, the landlord may deduct the amount of the monetary order from any security deposit or pet damage deposit due to the tenant.

It is a good idea to inform the tenant in writing of the reason for the deduction from the deposit.


Enforce a Monetary Order

The (RTB) has the power to issue monetary orders, but they cannot enforce these orders. If the other party refuses to pay, you will have to go to small claims court to claim your money.

Steps to enforce a Monetary Order

Step 1: Serve the order and demand letter

Once you have received your monetary order from the RTB, serve the other party with:

  • A copy of the order
  • A demand letter with the following information:
    • The date
    • Your name and address
    • Other parties' names and addresses
    • A statement that the letter is a “demand letter”
    • A reasonable deadline for the payment
    • The method(s) of payment you will accept
    • Where you expect payment to be delivered
    • Your intention to file in small claims court if you do not receive payment
    • Your signature

Step 2: Wait for the 15-day review period to end

After 15 days have passed, contact the RTB to see if the other party has applied for a review of the decision.

  • If a review has been requested, you must wait for a decision to be made on the application before taking any further action. 
  • If no review has been requested, you can move to the next step

Step 3: File at small claims court

If the other party refuses to pay, contact the nearest court registry to confirm the requirements specific to your case. Visit the registry to file:


Step 4: Pay the fees

Pay filing fees  – these can be added to your court claim.


Possible small claims court results

A small claims court judge may help you obtain the money you are owed by using any of the following approaches:

Payment hearing

Request a payment hearing to gather more information about the other party's financial situation. The judge may order them to pay immediately or follow a payment schedule.

Garnishment

Ask the court for the right to receive money from a source that owes the other party. You might be able to receive the money you are owed through the other party's bank or employer.

Seizure and sale of assets

Ask for permission to have a court bailiff take the other party's personal possessions and sell them in order to pay you back.

Registration against land

Request that a court registrar issue you a certificate of judgment that can be filed at the land title office. This could prevent the other party from selling or mortgaging land that they own until they clear their debt with you.

Find out more about small claims court and other possible results.


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