Difference between revisions of "Court Process in Consumer and Debt Matters"
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==== Small Claims Court==== | ==== Small Claims Court==== | ||
* Has monetary jurisdiction over actions up to $35,000 (excluding costs and interest). Most claims up to $5,000 are dealt with by the Civil Resolution Tribunal.
| * Has monetary jurisdiction over actions up to $35,000 (excluding costs and interest). Most claims up to $5,000 are dealt with by the Civil Resolution Tribunal.
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* Deals with most types of consumer and debt cases ( | * Deals with most types of consumer and debt cases ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(1)] of the ''Small Claims Act''). Some causes of action (for example, libel, slander, and malicious prosecution) cannot be brought in this court ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(2)] of the ''Small Claims Act'').
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* Some statutes specify that an action can be brought in this court. For example, section 171(3) of the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''] states that certain actions under that Act can be brought in Small Claims Court.
| * Some statutes specify that an action can be brought in this court. For example, section 171(3) of the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''] states that certain actions under that Act can be brought in Small Claims Court.
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* Procedures are easier to follow than in the Supreme Court, so the plaintiff (the person making the claim) may not need a lawyer.
| * Procedures are easier to follow than in the Supreme Court, so the plaintiff (the person making the claim) may not need a lawyer.
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