Suing Someone in Small Claims Court - Revision history

Drew Jackson: /* The subject */

2023-09-26T20:15:56Z

The subject

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	Have a claim arising out of a '''motor vehicle accident'''? For most vehicle accidents, the claim must be brought to the [https://civilresolutionbc.ca/ Civil Resolution Tribunal].		Have a claim arising out of a '''motor vehicle accident'''? For most vehicle accidents, the claim must be brought to the [https://civilresolutionbc.ca/solution-explorer/vehicle-accidents/ Civil Resolution Tribunal].
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Drew Jackson: /* The subject */

2023-09-26T20:15:18Z

The subject

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	Have a claim arising out of a '''motor vehicle ~~acciden~~'''t? For accidents ~~taking place in BC after April 1~~, ~~2019, injury claims up to $50,000~~ must be brought to the [https://civilresolutionbc.ca/ Civil Resolution Tribunal].		Have a claim arising out of a '''motor vehicle accident'''? For most vehicle accidents, the claim must be brought to the [https://civilresolutionbc.ca/ Civil Resolution Tribunal].
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Elena Renderos at 04:47, 5 November 2020

2020-11-05T04:47:59Z

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Elena Renderos: Elena Renderos moved page Suing Someone in Small Claims Court (No. 166) to Suing Someone in Small Claims Court: Removing recording numbers from page names

2020-09-12T04:50:32Z

Elena Renderos moved page Suing Someone in Small Claims Court (No. 166) to Suing Someone in Small Claims Court: Removing recording numbers from page names

← Older revision	Revision as of 04:50, 12 September 2020
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Drew Jackson at 17:42, 31 March 2019

2019-03-31T17:42:54Z

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	{{REVIEWEDPLS \| reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group\|date= August 2017}} {{Dial-A-Law TOC\|expanded = courts}}		{{REVIEWEDPLS \| reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group\|date= August 2017}} {{Dial-A-Law TOC\|expanded = courts}}
	To sue in Small Claims Court, you file a “notice of claim” in court, and then let the party you’re suing know about it. Learn the steps in the process.		To '''sue''' in Small Claims Court, you file a “notice of claim” in court, and then let the party you’re suing know about it. Learn the steps in the process.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [http://www.smallclaimsbc.ca smallclaimsbc.ca]		:Web: [http://www.smallclaimsbc.ca smallclaimsbc.ca]


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Elena Renderos at 05:04, 29 March 2019

2019-03-29T05:04:02Z

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	{{~~Dial~~-A-Law ~~Blurb~~}}		{{REVIEWEDPLS \| reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group\|date= August 2017}} {{Dial-A-Law TOC\|expanded = courts}}

	{{Dial-A-Law TOC\|expanded = ~~smallclaims~~}}
	To sue in Small Claims Court, you file a “notice of claim” in court, and then let the party you’re suing know about it. Learn the steps in the process.		To sue in Small Claims Court, you file a “notice of claim” in court, and then let the party you’re suing know about it. Learn the steps in the process.

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	Small Claims Court does '''not''' have the power to deal with several types of claims, including claims to do with an interest in land, defamation, wills and estates, and lawsuits against the federal government.		Small Claims Court does '''not''' have the power to deal with several types of claims, including claims to do with an interest in land, defamation, wills and estates, and lawsuits against the federal government.
	For more on where certain types of claims can and can’t be brought, see our information on [[~~What is Small Claims Court?~~ (~~Script~~ 165)\|starting a lawsuit (no. 165)]].		For more on where certain types of claims can and can’t be brought, see our information on [[Starting a Lawsuit (No. 165)\|starting a lawsuit (no. 165)]].

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	For example, let’s say you buy a new high performance bicycle. Three months after you get it, the front brakes fail, and you’re in a serious crash. An expert you hire determines the brakes were faulty. The limitation period starts on the day you discovered the brakes were faulty and realized (or reasonably ought to have realized) it was the bike maker that was responsible for the damage.		For example, let’s say you buy a new high performance bicycle. Three months after you get it, the front brakes fail, and you’re in a serious crash. An expert you hire determines the brakes were faulty. The limitation period starts on the day you discovered the brakes were faulty and realized (or reasonably ought to have realized) it was the bike maker that was responsible for the damage.

	For more on limitation periods, see our information on [[~~What is Small Claims Court?~~ (~~Script~~ 165)\|starting a lawsuit (no. 165)]].		For more on limitation periods, see our information on [[Starting a Lawsuit (No. 165)\|starting a lawsuit (no. 165)]].

	==The steps in the process==		==The steps in the process==
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	Once the defendant files a reply, the registry usually sets a date for a 45 minute meeting called a '''settlement conference''' with a judge. The purpose is to try to settle the case before a trial. You and the defendant (and your lawyers, if you have them) attend the conference. The judge will give their opinion of the case during the conference.		Once the defendant files a reply, the registry usually sets a date for a 45 minute meeting called a '''settlement conference''' with a judge. The purpose is to try to settle the case before a trial. You and the defendant (and your lawyers, if you have them) attend the conference. The judge will give their opinion of the case during the conference.

	If you and the defendant do not settle the case, it will go to '''trial'''. See our information on [[Going to Trial in Small Claims Court (~~Script~~ 168)\|going to trial in Small Claims Court (no. 168)]].		If you and the defendant do not settle the case, it will go to '''trial'''. See our information on [[Going to Trial in Small Claims Court (No. 168)\|going to trial in Small Claims Court (no. 168)]].

	==Common questions==		==Common questions==
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	If you are satisfied with what the defendant offers, you can withdraw your claim by filing a '''notice of withdrawal''' with the court. This form is available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]. You should put any agreement in writing and have both parties sign it.		If you are satisfied with what the defendant offers, you can withdraw your claim by filing a '''notice of withdrawal''' with the court. This form is available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]. You should put any agreement in writing and have both parties sign it.

	If the defendant offers payments, you can prepare a '''consent order''' or a '''payment order'''. File the order at the court registry where you filed the notice of claim. The order [[Getting Your Judgment Paid (~~Script~~ 169)\|can be enforced]] if payment stops.		If the defendant offers payments, you can prepare a '''consent order''' or a '''payment order'''. File the order at the court registry where you filed the notice of claim. The order [[Getting Your Judgment Paid (No. 169)\|can be enforced]] if payment stops.

	==Get help==		==Get help==

	===With your case===		===With your case===
	You do not need a lawyer to go to Small Claims Court. But you'll probably better understand the process, as well as the strength of your case, if you get '''legal advice'''. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on [[Low Cost ~~and Free~~ Legal ~~Services~~ (~~Script~~ 430)\|free and low-cost legal help (no. 430)]].		You do not need a lawyer to go to Small Claims Court. But you'll probably better understand the process, as well as the strength of your case, if you get '''legal advice'''. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on [[Free and Low-Cost Legal Help (No. 430)\|free and low-cost legal help (no. 430)]].

	===More information===		===More information===
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	:Web: [http://www.smallclaimsbc.ca smallclaimsbc.ca]		:Web: [http://www.smallclaimsbc.ca smallclaimsbc.ca]



	~~[updated August 2017]~~

	~~'''The above was last reviewed for legal accuracy by [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group.'''~~

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Drew Jackson: Drew Jackson moved page Suing Someone in Small Claims Court (Script 166) to Suing Someone in Small Claims Court (No. 166): align with new Dial-A-Law website

2019-03-22T01:20:47Z

Drew Jackson moved page Suing Someone in Small Claims Court (Script 166) to Suing Someone in Small Claims Court (No. 166): align with new Dial-A-Law website

← Older revision	Revision as of 01:20, 22 March 2019
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Dial-A-Law: /* More information */

2019-02-23T05:28:55Z

More information

← Older revision		Revision as of 05:28, 23 February 2019
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	===More information===		===More information===
	The '''BC government''' website has how-to guides on Small Claims Court, including [~~free and low~~-~~cost legal help (no. 430)~~ making a claim], replying to a claim, serving documents, getting ready for court, and getting results.		The '''BC government''' website has how-to guides on Small Claims Court, including [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/making-a-claim making a claim], replying to a claim, serving documents, getting ready for court, and getting results.
	:Web: [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides gov.bc.ca/smallclaims]		:Web: [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides gov.bc.ca/smallclaims]

Dial-A-Law at 06:38, 21 February 2019

2019-02-21T06:38:53Z

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Dial-A-Law: /* Telling the defendant that you are suing—serving the notice of claim */

2017-12-07T19:14:49Z

Telling the defendant that you are suing—serving the notice of claim

← Older revision		Revision as of 19:14, 7 December 2017
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	After you serve the notice of claim, you must prove it by completing a '''certificate of service''' (Form 4).		After you serve the notice of claim, you must prove it by completing a '''certificate of service''' (Form 4).

	Both the BC [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm Ministry of Justice] and the [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_00 small claims rules] explain how to serve documents and prove you served them. The small claims website has a [http://www.smallclaimsbc.ca/sites/default/files/pdf/serving-documents-checklist.pdf checklist for serving documents], and the Law Centre at the University of Victoria has a [http://thelawcentre.ca/self_help/small_claims_factsheets/fact_06 factsheet]. Also, script [[What is Small Claims Court? (Script 165)\|165]] ~~also~~ has information on it.		Both the BC [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm Ministry of Justice] and the [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_00 small claims rules] explain how to serve documents and prove you served them. The small claims website has a [http://www.smallclaimsbc.ca/sites/default/files/pdf/serving-documents-checklist.pdf checklist for serving documents], and the Law Centre at the University of Victoria has a [http://thelawcentre.ca/self_help/small_claims_factsheets/fact_06 factsheet]. Also, script [[What is Small Claims Court? (Script 165)\|165]] has information on it.

	==How long do you have to serve your notice of claim?==		==How long do you have to serve your notice of claim?==