Who can use it?
- For
- An individual debtor, or other person required by the rules or summons, reporting finances for a payment or default hearing
- Court rules
- Rules 12 and 13
When do you need Form 40?
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
Use net monthly income, expenses, debt payments and asset values; mark non-relevant items N/A and attach requested proof.
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
Important for this form: Form 40 is used to show the financial picture at certain payment and default hearings. The ordinary requirement does not apply to corporate or partnership debtors. If a debtor requests the payment hearing, Rules 12(10)–(11) generally require Forms 13, 39 and 40 where applicable to be filed at least 14 days before, with Form 13 and Form 40 served on the creditor at least 14 days before.
If a creditor summons a person, Rule 12(9) generally requires an applicable Form 40 and other required records to be filed at least 7 days before, with financial and supporting records served at least 2 business days before under Rule 12(9.1). Rule 13 has corresponding rules for a default hearing. If your finances change significantly after filing, update Form 40 with Form 39 and serve the revised statement before the hearing as Rules 12(9.2), 12(11.3) or 13(6.2) require.
The prescribed Form 40 asks for household monthly income and expenses, debts and assets; include applicable partner/household income and give accurate information. Prepare for an oath or affirmation if requested at the hearing. The provincial Filing Assistant can help prepare certain forms but cannot give legal advice.
Deadlines and fees
Timing: Payment-hearing procedures under Rule 12 govern when it must be filed or served; Form 13 may require it.
Fees: No standalone filing fee is listed for Form 40; related service and record costs may arise.
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
Omitting household income or assets, treating the statement as confidential from opposing parties, or giving estimates as precise figures.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.
Financial information the form requests
- The prescribed Form 40 groups information into monthly household income, monthly expenses, monthly debt payments and asset values. Fill in the sections that apply and use “N/A” where a requested item does not apply.
- Disclose accurate amounts, keep records supporting significant entries, and use labelled appendices for extra space as the prescribed form instructs.
- At a hearing a judge or justice may require you to swear or affirm that the completed statement is true.