canada civil-law small-claims-court british-columbia
What happens if someone simply moves homes and stops responding to a lawsuit?
<p>In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered mail was confirmed to have been received by him. Would all of this be a nonissue up to the point where the judgment is to be enforced? Would a private investigator be hired to find his whereabouts and then a bailiff would be used to enforce the order? What if instead of property, a monetary order was made. How would it be possible to enforce wage garnishing? </p>

<p>What exactly is the intent behind using registered mail? In apartment buildings the concierge signs for mail and in other scenarios the intended recipient may not be the one who happens to answer the door when the courier knocks. </p>

<p>In general, if a default judgement is issued then the case can be pursued by hiring bailiffs in the usual way. Bailiffs are used to people trying to evade payment and will know how to cope with it. See <a href="https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/getting-results" rel="nofollow noreferrer">here</a> for details.</p>

<p>Registered mail is used as evidence that it didn't just get lost in the post. If the defendant claims not to have received it then you can go to the person who signed for it and ask them. Ultimately they can be called as a witness to testify that they did indeed hand it to the recipient or whatever.</p>

<p>In practice a court is not going to have much patience with someone making specious claims like that; at the small claims level the presumption will be that if the mail was signed for then the recipient got it. (In the UK for small claims you can just post it without registration and it will be deemed to have been served).</p>
