canada small-claims-court british-columbia
What happens if debtor pays before enforcement hearing?
<p>This is a hypothetical scenario.</p>
<p>I had an order which the debtor was not following. He paid me just before the enforcement hearing. What do I need to do to cancel the hearing, or should I attend and just say I was paid? For example what's the difference between a <a href="https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl019.pdf" rel="nofollow noreferrer">notice of withdrawal</a> and an <a href="https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl800.pdf" rel="nofollow noreferrer">acknowledgment of payment</a>? What is meant by &quot;in full satisfaction&quot;?</p>
<p>Also, the debtor paid me too much. He sent it by e-transfer with no explanation. Am I obligated to ask if this was a mistake?</p>

<blockquote>
<p>What do I need to do to cancel the hearing, or should I attend and
just say I was paid?</p>
</blockquote>
<p>Both options would be acceptable. The latter would probably be easier, faster, and provide a means to get prompt express court approval for your actions.</p>
<blockquote>
<p>For example what's the difference between a notice of withdrawal and
an acknowledgment of payment?</p>
</blockquote>
<p>Withdrawal means you cease your suit (often due to a settlement), acknowledgement of payment means you have been paid. You would acknowledge payment.</p>
<blockquote>
<p>What is meant by &quot;in full satisfaction&quot;?</p>
</blockquote>
<p>This means that everything you are owed pursuant to court order has been paid in full.</p>
<blockquote>
<p>Am I obligated to ask if this was a mistake?</p>
</blockquote>
<p>Probably not. But you are probably obligated to return the excess if asked for it within the statute of limitations for an unjust enrichment action, possibly with statutory interest.</p>
