Difference between revisions of "I Am Being Sued — What Should I Expect?"
Jump to navigation
Jump to search
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
||
| Line 8: | Line 8: | ||
=== First steps === | === First steps === | ||
If you receive a Small Claims Court Notice of Claim and you don't agree with it: | If you receive a Small Claims Court Notice of Claim and you don't agree with it: | ||
#Complete the [http:// | #Complete the [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl002.pdf Reply] that should have been served on you with the Notice of Claim. In your Reply, say why you don't agree with the claim. If you don't get a blank Reply with the Notice of Claim, you can get one at any Provincial Court registry. Small Claims forms are also available online from the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms Ministry of Justice website]. | ||
#Drop off the | #Drop off the Reply or mail it to the Small Claims registry named on the Notice of Claim within 14 days of receiving the Notice of Claim. There is a cost for filing a Reply is $26 for a claim of up to $3,000 and $50 for a claim over $3,000. | ||
#The Reply form also has a section for making a <noglossary>counterclaim</noglossary> against the claimant. To make a <noglossary>counterclaim</noglossary> you must also have a claim against the claimant suing you. Filing a <noglossary>counterclaim</noglossary> costs extra. It costs $100 to make a <noglossary>counterclaim</noglossary> for $3,000 or less, and $156 for a <noglossary>counterclaim</noglossary> over $3,000. | #The Reply form also has a section for making a <noglossary>counterclaim</noglossary> against the claimant. To make a <noglossary>counterclaim</noglossary> you must also have a claim against the claimant suing you. Filing a <noglossary>counterclaim</noglossary> costs extra. It costs $100 to make a <noglossary>counterclaim</noglossary> for $3,000 or less, and $156 for a <noglossary>counterclaim</noglossary> over $3,000. | ||
| Line 27: | Line 27: | ||
If you receive a Supreme Court Notice of Civil Claim: | If you receive a Supreme Court Notice of Civil Claim: | ||
#Obtain and complete a [http://www.ag.gov.bc.ca/courts/forms/sup_civil/2.pdf Response to Civil Claim'] form. Supreme Court forms are available online through the Clicklaw website "[http://www.clicklaw.bc.ca/content/lawscases Laws, Cases & Rules]" page; click on "[http:// | #Obtain and complete a [http://www.ag.gov.bc.ca/courts/forms/sup_civil/2.pdf Response to Civil Claim'] form. Supreme Court forms are available online through the Clicklaw website "[http://www.clicklaw.bc.ca/content/lawscases Laws, Cases & Rules]" page; click on "[http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-civil-forms BC Supreme Court Civil Forms]." You are looking for Form 2. | ||
#Drop off the Response to Civil Claim at (or fax or mail it to) the Supreme Court registry named on the Notice to Civil Claim, within 21 days of when you were served with the Notice of Civil Claim. It will cost $25 to file a Response to Civil Claim. | #Drop off the Response to Civil Claim at (or fax or mail it to) the Supreme Court registry named on the Notice to Civil Claim, within 21 days of when you were served with the Notice of Civil Claim. It will cost $25 to file a Response to Civil Claim. | ||
#If you have a claim to make against the person suing you (and others), you can file a <noglossary>Counterclaim</noglossary> form. This must be done in the same time for filing your Response to Civil Claim. The Counterclaim form is also available [http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm online]. You are looking for Form 3. | #If you have a claim to make against the person suing you (and others), you can file a <noglossary>Counterclaim</noglossary> form. This must be done in the same time for filing your Response to Civil Claim. The Counterclaim form is also available [http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm online]. You are looking for Form 3. | ||