Who can use it?
- For
- A creditor asking the court to examine a debtor’s ability to pay
- Court rules
- Rule 12(3)–(9.2)
When do you need Form 12?
Before using this form, check that your case belongs in Provincial Court and that this form fits your situation. Read the current court rule and official form. Most eligible claims of $5,000 or less start with the Civil Resolution Tribunal, not a new Court Notice of Claim. Some kinds of claims follow different rules.
What to prepare
Have the case number, outstanding balance and accurate service information available; gather supporting materials.
Use the names, addresses and court file number already on your case. Keep the documents and calculations together, and make copies for everyone who needs them. Filling in a form does not prove your case.
File the form and give copies to others
Creditor’s first deadline: Under Rule 12(3), file Form 12 with the registry at least 14 days before the payment hearing. Under Rule 12(7), the person summoned must also be served at least 14 days before the hearing by leaving the summons, a blank Form 39 and (unless the debtor is a corporation or partnership) a blank Form 40 with that person.
What the person summoned must do: Rule 12(9) generally requires a financial statement where applicable and relied-on records, using Form 39 when needed, to be filed at least 7 days before the hearing. Rule 12(9.1) requires service of the financial statement and required records on the creditor at least 2 business days before the hearing.
Do not confuse a creditor’s summons (Form 12) with a debtor’s request for a hearing (Form 13). Follow the wording and instructions on the official form. The provincial Filing Assistant can help prepare some forms but cannot give legal advice.
Deadlines and fees
Collection pause: Once a creditor files a summons for a payment hearing, Rule 11(17) prevents other collection steps until the hearing is over or the summons is withdrawn or cancelled, subject to the exception in Rule 11(18).
Timing: Under Rule 12(3), a creditor requesting a payment hearing files Form 12 at least 14 days before the hearing. Rule 12(7) requires personal delivery of the summons with blank Forms 39 and 40 (unless the corporate/partnership exception applies) at least 14 days before the hearing. A summoned person generally files required financial records at least 7 days beforehand and serves the specified records at least 2 business days beforehand (Rules 12(9) and 12(9.1)). A creditor with an outstanding seizure-and-sale order needs a judge’s permission to request a payment hearing (Rule 12(4)). Confirm the hearing date, parties and any court directions.
Fees: Budget service costs, record copies and other required disbursements; check current fee schedule.
If you must give a copy to another person, follow the delivery rules for that form. Write down when and how you delivered it. Filing a form with the court is different from giving it to someone else. Estimate ordinary CRT / original Court claim costs. This calculator does not cover every special form or every way to collect money after a judgment.
Watch out for this mistake
Skipping personal-service requirements or failing to prepare questions and proof of the debt balance.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.