Have you received a letter from BC Unclaimed saying you might have money from a court case? Here’s what you need to know to get started.

Last year, the courts in British Columbia transferred a staggering $24 million of unclaimed funds. We also paid out our largest claim to date, which was $1.98 million from a court case. The courts are the largest source of unclaimed funds in the province —they’ve transferred us over $70 million of unclaimed funds since our inception and half of that was transferred in the last two years. With all this money comes lots of work for BC Unclaimed staff. That’s because BC Unclaimed sends a letter to anyone with the same name as someone involved in a court case where we received funds. If you have received a letter from us saying you might have money from a court case, keep reading because we’ll explain where this money comes from, what’s required to claim the money and why, and how to get started.

What are unclaimed court funds?

Sometimes a judge orders money to be paid into the court, and if it isn’t paid out of court after five-years, then funds are transferred to us. When this happens, the money is considered unclaimed court funds. This may occur if no one followed up with the court to have the money paid out, or one person received their share, and the other party didn’t know money was left over for them. Foreclosure and debt cases are common examples of cases that result in unclaimed money coming to our office. Another type of court fund is restitution (a payment for a victim for an injury or loss). Restitution may be paid into court as part of the resolution of a criminal case.

What’s required to claim these funds?

BC Unclaimed can’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. The court advises who is entitled by issuing an order. Most times, an application to the court requesting a decision on the case (i.e., an order) is needed. If there is already an order in the file stating the amount BC Unclaimed received and who it is owed to, no application to the court is required. Restitution orders are usually clear, and those claimants need only tell us what happened and verify their identity.

What happens when this money comes to BC Unclaimed?

When we get money from the court, we add all the people or organizations named in the case to our database so it can be found on our website. As mentioned above, BC Unclaimed doesn’t decide who is entitled to money from a court case. Listing everyone involved in our database ensures all parties have a chance to learn about the unclaimed funds. We also try to find the people involved by sending out letters to notify them BC Unclaimed is holding money they may be entitled to. We send letters to anyone with a name matching the person/business involved in a case. So, if you’ve received a letter from us but don’t recall the case, it’s possible it was someone with the same name as you who was involved.

How do I get started?

To get started, please refer to the letter BC Unclaimed sent you or have a look at the Claiming court funds page of our website for more information. This page includes the information included in this blog, plus answers to frequently asked questions, and a list of resources you may be able to access to help claim your funds. We also suggest you visit the People’s Law School website and read their guide to collecting unclaimed court funds. If you’re still stumped, you are welcome to reach out to BC Unclaimed staff. Our staff don’t have legal training and can’t offer you legal advice or help you fill out the court forms, but they will do their best to point you to a resource that will be able to help you. BC Unclaimed staff are reachable by phone Monday through Friday from 8AM to 4:30PM or you can contact us by email at info@bcunclaimed.ca.