Suing Someone in Small Claims Court: Difference between revisions

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{{Dial-A-Law TOC|expanded = smallclaims}}
{{Dial-A-Law TOC|expanded = smallclaims}}
==Before you sue—try to settle the case==
This script explains how to sue in small claims court. But before you sue, try to settle the case without going to court. That can save you a lot of time and money. The [http://www.smallclaimsbc.ca/ small claims website] starts with this suggestion and explains [http://www.smallclaimsbc.ca/settlement-options/overview settlement options]. They include using demand letters, [http://www.smallclaimsbc.ca/settlement-options/ODR online dispute resolution], [http://www.smallclaimsbc.ca/settlement-options/mediation mediation], arbitration, collection agencies, negotiation, and payment terms.


==How do you start an action in Small Claims Court?==
==New process for small claims started June 1, 2017==
First, you must complete a document known as a Notice of Claim. This document effectively begins the lawsuit once it is filed with the registry and delivered to the opposing party. You can complete the form a number of ways, including:
Starting June 1, 2017, the government made [http://provincialcourt.bc.ca/enews/enews-20-03-2017 important changes to small claims court]. Now, where you sue depends on the amount you seek:
*by going to the Small Claims Court registry and asking for the document, or
*Claims up to $5,000 go to the [https://civilresolutionbc.ca/how-the-crt-works/getting-started/small-claims-solution-explorer/ Civil Resolution Tribunal]
*by telephoning or writing to the Small Claims Court registry and asking them to send you a copy (the phone number to contact is 250.356.1478)
*Claims from $5,001 to $35,000 go to small claims court—this script covers this topic
*by downloading the form from the Ministry of Justice’s Small Claims Court website at [http://www.ag.gov.bc.ca/courts/small_claims/ www.ag.gov.bc.ca/courts/small_claims/].  
*Claims over $35,000 go to [http://www.courts.gov.bc.ca/supreme_court/ BC supreme court]. More information on these claims is also available on [http://www.supremecourtbc.ca/civil the site for people who represent themselves] in supreme court.
*by completing the Notice of Claim and other Small Claims Court forms online at https://justice.gov.bc.ca/FilingAssistant/ and then printing yourself a copy of the form.  


In your Notice of Claim, you must describe what happened leading to the lawsuit and where these events happened. State how much money you’re seeking, and any other remedies you are asking for. An example of another remedy is an order from the Court that the opposing party stop doing a particular activity at the heart of the claim. 
==How do you sue in small claims court?==
Fill out a document called a notice of claim, called Form 1. The notice starts the lawsuit once you file it with the court registry and deliver it to the person you’re suing. You can complete the notice in several ways, including:
*using the online [https://justice.gov.bc.ca/FilingAssistant/index.do;jsessionid=INTr4U2EBho-T3WXyhyIFEcE.08878bd1-3cd1-3830-87f0-9372399e9d53 filing assistant]
*downloading the notice from the [http://www.smallclaimsbc.ca/court-forms court forms website]
*going to the small claims court [http://www.smallclaimsbc.ca/court-locations registry] and asking for the notice


You are called the “claimant”. The person or company you are suing is called the “defendant”. Be careful to name the defendant properly. If it’s not done exactly right, you might not be able to get your money. Though Small Claims Court is less formal that Supreme Court, certain procedures must be followed closely for success.  
In the notice of claim, describe what caused you to sue and where it happened. Say how much money you’re seeking, and any other remedies you want.


==What if the defendant is a company?==
You can’t sue the federal government in small claims court. And you can’t sue for cases that involve things like defamation, land, residential tenancy, bankruptcy, estates, and builders liens. Script [[What is Small Claims Court? (Script 165)|165]] has more on this. So does the [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters provincial court website].
If you’re suing a company, you must use the legal name of that company. To find the correct name of a company, you must obtain a company search from the Corporate Registry, located at 940 Blanshard Street in Victoria. The mailing address is PO Box 9431, Station Provincial Government, Victoria BC, V8W 9V3. Call the Corporate Registry at 250.387.5101 for more details. Your local government agent’s office or a private title search company can also conduct a company search. Also see the [http://www.bcregistryservices.gov.bc.ca/bcreg/corppg/index.page Corporate Registry’s website] for conducting an online search through Corporate Online.  


It is important that you name the correct company when filling out a Notice of Claim. Also, be aware that some companies are subsidiaries of larger companies, or vice versa, and often these companies have similar names. It is vital that you name the exact company you were dealing with when the incident you are suing for occurred. Naming the incorrect company is no different in the eyes of the court than naming the wrong person, causing your Notice of Claim to be dismissed.
As the person who sues, you are called the claimant. The person or company you are suing is called the '''defendant'''. Be careful to name the defendant properly. If it’s not exactly right, you might not be able to get your money. Small claims court is less formal than supreme court, but you must still follow certain procedures closely.


==Where do you file your Notice of Claim?==
==What’s the time limit to sue?==
You must “file” your Notice of Claim in the proper Small Claims Court registry. To “file” the claim means to submit it to the court registry and enter it in the court records. If the defendant is a company, you also need to file a copy of your company search. For information about the location of the proper court registry for filing your claim, refer to script [[What is Small Claims Court? (Script 165)|165]] on “What is Small Claims Court?” You will also have to pay a filing fee, which you may get back from the defendant if you win.
The time limit to sue is called the '''limitation period'''. For most claims, you have 2 years from the day you [http://www.bclaws.ca/civix/document/id/complete/statreg/12013_01#section8 discovered] (knew, or reasonably ought to have known) all the following:
*injury, loss or damage occurred
*it was caused at least partly by an act or omission
*the act or omission was that of the person you’re suing
*court is the right place to seek a remedy


==How do you notify the defendant of your claim?==
For example, you took your car for repairs but when you got it back you see that the shop damaged it. The limitation period starts when you realized these things, or when you reasonably ought to have realized them. Script [[What is Small Claims Court? (Script 165)|165]] has more on limitation periods.
The next step is to “serve” the Notice of Claim (along with a blank Reply form for them to fill out) on the defendant. To “serve” a document means getting it to the defendant. There are different ways to serve a defendant, depending on whether the defendant is a person, a company, or an unincorporated business or partnership. For example, if the defendant is a person, you can serve them by personally giving the Notice of Claim to them, having someone else give it to them, or sending it to them via registered mail. See the Small Claims Rules for the proper way to serve the defendant you are suing.


After the defendant has been served, you must complete a Certificate of Service to prove that the defendant has been properly served.  
==If the defendant is a person==
If you are suing a person, you must use their full name on the notice of claim. Try to use their legal name that would appear on their driver’s license. If they go by a different name, you can include it after their proper name by writing “also known as”. For example, if a person goes by both their maiden name and their married name, use “also known as”. Do not include a person’s title, such as Ms. or Dr.


==How long do you have to serve your Notice of Claim?==
==If the defendant is a corporation, partnership, or unincorporated business==
After you’ve filed your Notice of Claim, you have 12 months to serve it on the defendant. If your 12 months are just about up, you can apply to the court to renew your Notice of Claim and extend the time allowed for serving the defendant. (Once the 12 months have gone by, your Notice of Claims expires, but you can still apply to the court to try and renew it.)
If you’re suing a corporation, you must use its legal name on the notice of claim. To find the correct name of a corporation, you must get a company search from the [http://www.bcregistryservices.gov.bc.ca/bcreg/corppg/index.page Corporate Registry]. You can do an online search through [https://www.corporateonline.gov.bc.ca/ Corporate Online]. The Registry is at 940 Blanshard Street in Victoria and its mailing address is PO Box 9431, Station Provincial Government, Victoria, V8W 9V3. You can call the Registry at 250.387.5101 for more details. The local government agent’s office or a private title search company can also do a company search.


==When does the defendant have to respond to your claim?==
You must get the company name right on the notice of claim. Also, some companies are subsidiaries of larger companies, or vice versa, and often these companies have similar names. You must use the exact name of the company you were dealing with when the incident you are suing for occurred. If you sue the wrong company, it’s the same as suing the wrong person, and your case (and your notice of claim) will be dismissed.
After the defendant has been served, the defendant must file a Reply. The defendant has 14 days to file a Reply if they live in BC. A defendant who is out of province has 30 days.  


==How can the defendant respond?==  
==Where do you file your notice of claim?==
There are several ways. The defendant may:
You must file your notice of claim in the right small claims [http://www.smallclaimsbc.ca/court-locations court registry]. To file a claim, submit it to the court registry. If the defendant is a company, you also need to file a copy of your company search. To figure out which court registry to file your claim with, check script [[What is Small Claims Court? (Script 165)|165]], called “What is Small Claims Court?” You must also pay a filing fee, which you may get back from the defendant if you win.
*agree to pay all of your claim but not right away, or
*oppose all or part of the claim, or
*make a claim against you, called a Counterclaim.  


==How do you proceed if the defendant agrees to pay your claim?==
==Telling the defendant that you are suing—serving the notice of claim==
In this case, you can file a Payment Order. If you don’t agree with the timing of when the defendant agrees to pay, you can ask for a payment hearing after filing your Payment Order so the Court can set a Payment Schedule.  
You '''serve''' the notice of claim on the defendant (along with a blank '''reply''' form, attached to the notice, for them to fill out). That means you must give it to the defendant.


==What happens if the defendant opposes your claim?==
How to serve a defendant, depends on whether the defendant lives in BC. If the defendant lives in BC, you can serve the notice of claim (after you have filed it in court) by giving the defendant a copy of it, and a blank reply form (available from the registry and on the [http://www.smallclaimsbc.ca/court-forms court forms website]).
The defendant may file a Reply disputing all or part of your claim. The Small Claims Court registry will send you a copy of this Reply. Refer to script [[Being Sued in Small Claims Court (Script 167)|167]] on “Being Sued in Small Claims Court” for more on what the defendant has to do.


Once a Notice of Claim has been filed with the registry and a Reply submitted by the defendant, the registry usually sets a date for a 45-minute meeting called a “settlement conference” attended by a judge. The purpose of the settlement conference is to attempt to resolve some or all of the issues between you and the defendant before going to trial. At this conference, the judge will give their opinion of the case.
If the defendant lives outside of BC, but the event that led to the lawsuit happened in BC, you can serve your notice by giving the defendant a copy of it. But in any other case, you need permission of the court registrar before you can serve a notice of claim outside BC.


In Vancouver Robson Square registry, you and the defendant may have to attend a free session of mediation before the settlement conference. The Small Claims Rules determine whether mediation is mandatory or optional, depending on the type and amount of claim. If you must attend mediation, the mediator will try to help you and the defendant to come to an agreement about some or all of the disputed matters.
How to serve the notice also depends on whether the defendant is a person, a corporation, an unincorporated business, or a partnership. For example, to serve a:
*a person over 18, you can give them the notice of claim personally, have someone else give it to them, or send it to them by registered mail.
*a corporation, you send the notice to the corporation’s registered office by registered mail. The address of the registered office is shown on the company search you must do.
*a partnership, you must serve one of the partners.
*an unincorporated business, you must serve the owner.


If the issues aren’t fully resolved at the settlement conference or mediation, the matter will be set for trial.
After you serve the notice of claim, you must prove it by completing a '''certificate of service''' (Form 4).


Pursuant to the Provincial Small Claims Court Pilot, the procedure is different for small claims up to $5,000 (other than personal injury claims) filed in the Vancouver Robson Square and Richmond registries. These claims go straight to a simplified one-hour trial before an experienced lawyer who is a justice of the peace (also called an “adjudicator”). There is no pre-trial settlement conference or mediation and all financial debt claims in these two registries, where the claimant is in the business of lending money, go straight to a half-hour trial.
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.


==What should you do if the defendant makes a Counterclaim against you?==
==How long do you have to serve your notice of claim?==
You must file a Reply to the Counterclaim. You have 14 days after receiving the Counterclaim to file your Reply to it.  
After you file the notice of claim, you have 12 months to serve it on the defendant. If your 12 months are just about up, you can apply to the court to renew your notice of claim and extend the 12-month deadline. (After 12 months, your notice of claims expires, but you can still apply to the court to renew it.)
 
==How long does the defendant have to respond to your claim?==
After a defendant is served, they have 14 days to file a reply if they live in BC. A defendant who does not live in BC has 30 days. The reply form is on the [http://www.smallclaimsbc.ca/court-forms court forms website].
 
==How can the defendant respond?==
The defendant may:
*agree to pay all your claim, but not right away
*oppose all or part of the claim
*sue you, called a counterclaim
 
==What if the defendant agrees to pay your claim?==
You can file a '''payment order'''. But if you don’t agree with the time when the defendant agrees to pay, you can ask for a payment hearing after filing your payment order so the court can set a payment schedule.
 
==What if the defendant opposes your claim?==
The small claims court registry will send you a copy of the defendant’s reply. Script [[Being Sued in Small Claims Court (Script 167)|167]], called “Being Sued in Small Claims Court” explains what the defendant must do.
 
'''Settlement 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) both attend the conference. The judge will give their opinion of the case during the conference.
 
'''Mediation'''—you may be able to use [http://www.smallclaimsbc.ca/settlement-options/mediation mediation] for claims between $10,000 and $35,000, instead of suing in court. A neutral third-party tries to help both sides settle the dispute. It’s often faster and cheaper than suing. Small claims [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_02#rule7.3 rule 7.3] deals with mediation. The mediation process is also explained on this BC government [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/mediation_between.htm website].
 
Mediation is an option in all locations, but it’s not always available. For example, it’s not available for cases that can be dealt with under [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_02#rule9.2 rule 9.2] (a summary trial for financial debt in Vancouver).
 
Mediation is mandatory only if one party files a notice to mediate or the court orders the parties to use it.
 
==What if the defendant makes a counterclaim against you?==
File a reply to the counterclaim within 14 days after receiving it.


==Can the defendant offer to resolve the claim directly with you?==
==Can the defendant offer to resolve the claim directly with you?==
In some cases, the defendant may contact you directly and offer to pay you or try to settle your claim in some way. If this happens, you’re free to come to whatever arrangement you like. If you’re happy with the defendant’s offer, you don’t have to continue with your lawsuit and can file a Consent Order or Payment Order that will end the action.
Yes. The defendant may contact you directly and offer to pay you or settle your claim. If this happens, you may reach an agreement. If so, you don’t have to continue your lawsuit. Instead, you can file a consent order or payment order to end it. You should put any agreement in writing and have both parties sign it. You may want to speak with a lawyer before you sign such an agreement.


==What happens if the defendant doesn’t respond in time?==
==What happens if the defendant doesn’t respond in time?==
If the defendant doesn’t file a Reply within the specified time limits or contact you to resolve the claim, you can file a form asking the court for a Default Order. If the claim is for a debt, the Default Order may be made without you having to go to a hearing. However, if the claim is for an amount not relating to a debt, the Small Claims Court registry must schedule a default hearing date so a judge can determine the exact amount you’re entitled to receive.  
If the defendant doesn’t file a reply within the time limit or contact you to resolve the claim, you can file an application for '''default order''' (Form 5) asking the court for a default order. File it at the registry where you notice of claim was filed, along with a copy of the certificate of service (Form 4). If the claim is for a debt, the default order may be made without you even going to a hearing. But if the claim is not for a debt, the court registry must schedule a default hearing date so a judge can decide the amount you may get.
 
==Trial==
If the case is not settled at the settlement conference or mediation, it will go to trial. Script [[Going to Trial in Small Claims Court (Script 168)|168]] explains that topic.
 
==Simplified trial in Vancouver and Richmond==
Under the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/pilot Small Claims Pilot], the procedure differs for claims between $5,001 and $10,000 in the Vancouver Robson Square and Richmond registries. These claims go straight to a [http://www.smallclaimsbc.ca/trial/simplified-trial simplified, one-hour trial] before an experienced lawyer who is a justice of the peace (called an adjudicator). There is no pre-trial settlement conference or mediation. Claims under $5001 can also go to a simplified trial if the Civil Resolution Tribunal cannot hear the case. But simplified trials are not used for personal injury claims or financial debt claims.
 
==Summary trial in Vancouver==
Vancouver uses a [http://www.smallclaimsbc.ca/trial/summary-trial summary trial] for all financial debt claims (money loans and credit-card debt) between $5,001 and $35,000. These trials are usually fast: less than 30 minutes. They use less formal rules of procedure and evidence.


==Summary==
==Summary==
To sue a person or company in Small Claims Court, you must file a Notice of Claim with the Small Claims Court registry and serve the Notice of Claim on the person or company you wish to sue. The defendant may then contact you and offer to pay your claim. If the defendant doesn’t, the defendant has 14 days to file a Reply. After a Reply is filed, many Small Claims Court registries set a date for a settlement conference (and in some cases, mediation) to see if your claim can be resolved without going to trial. Some registries have simplified trial procedures for really small and certain financial claims, where you go straight to a short trial. If the defendant doesn’t respond to your claim or file a Reply within 14 days, you can get a default judgment against the defendant by asking for a Default Order or a default hearing date.  
To sue a person or company in small claims court, you must file a notice of claim with the court registry and serve the notice of claim on the person or company you are suing. The defendant may then contact you and offer to pay your claim. The defendant has 14 days to file a reply. After a reply is filed, many court registries set a date for a settlement conference to see if your claim can be resolved before trial. Some registries have simplified trial procedures for smaller claims and certain financial claims, where you go straight to a short trial. If the defendant doesn’t respond to your claim or file a reply within 14 days, you can get a default judgment against the defendant by asking for a default order or a default hearing date.
 
==More information==
*Check the []http://www.smallclaimsbc.ca/ small claims website] and the [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters provincial court website]. Also, the BC government has guides on [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/making-a-claim making a claim], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/reply.htm replying to a claim], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm serving documents], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_ready.htm getting ready for court], and [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_results.htm getting results].
 
*Check the other Dial-A-Law scripts in this [http://cbabc.org/For-the-Public/Dial-A-Law/Scripts/Small-Claims-Court small claims court series].
 


==Where can you get more information?==
*Most of the instructions you need are on the forms found at the Small Claims Court registry or on the Small Claims Court website, which is [http://www.ag.gov.bc.ca/courts/small_claims/ www.ag.gov.bc.ca/courts/small_claims/].
*If you have any questions, talk to the Small Claims Court staff or read over one of the Small Claims Court booklets available at the registry, at your local public library, and on the Small Claims Court website.
*Also see the other Dial-A-Law scripts in this [http://cbabc.org/For-the-Public/Dial-A-Law/Scripts/Small-Claims-Court Small Claims Court series].


[updated August 2017]


[updated November 2015]
'''The above was last reviewed for accuracy by Anna Kurt and edited by John Blois.'''


'''The above was last reviewed for accuracy by Jack Montpellier.'''
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Revision as of 23:33, 17 August 2017

Before you sue—try to settle the case

This script explains how to sue in small claims court. But before you sue, try to settle the case without going to court. That can save you a lot of time and money. The small claims website starts with this suggestion and explains settlement options. They include using demand letters, online dispute resolution, mediation, arbitration, collection agencies, negotiation, and payment terms.

New process for small claims started June 1, 2017

Starting June 1, 2017, the government made important changes to small claims court. Now, where you sue depends on the amount you seek:

How do you sue in small claims court?

Fill out a document called a notice of claim, called Form 1. The notice starts the lawsuit once you file it with the court registry and deliver it to the person you’re suing. You can complete the notice in several ways, including:

In the notice of claim, describe what caused you to sue and where it happened. Say how much money you’re seeking, and any other remedies you want.

You can’t sue the federal government in small claims court. And you can’t sue for cases that involve things like defamation, land, residential tenancy, bankruptcy, estates, and builders liens. Script 165 has more on this. So does the provincial court website.

As the person who sues, you are called the claimant. The person or company you are suing is called the defendant. Be careful to name the defendant properly. If it’s not exactly right, you might not be able to get your money. Small claims court is less formal than supreme court, but you must still follow certain procedures closely.

What’s the time limit to sue?

The time limit to sue is called the limitation period. For most claims, you have 2 years from the day you discovered (knew, or reasonably ought to have known) all the following:

  • injury, loss or damage occurred
  • it was caused at least partly by an act or omission
  • the act or omission was that of the person you’re suing
  • court is the right place to seek a remedy

For example, you took your car for repairs but when you got it back you see that the shop damaged it. The limitation period starts when you realized these things, or when you reasonably ought to have realized them. Script 165 has more on limitation periods.

If the defendant is a person

If you are suing a person, you must use their full name on the notice of claim. Try to use their legal name that would appear on their driver’s license. If they go by a different name, you can include it after their proper name by writing “also known as”. For example, if a person goes by both their maiden name and their married name, use “also known as”. Do not include a person’s title, such as Ms. or Dr.

If the defendant is a corporation, partnership, or unincorporated business

If you’re suing a corporation, you must use its legal name on the notice of claim. To find the correct name of a corporation, you must get a company search from the Corporate Registry. You can do an online search through Corporate Online. The Registry is at 940 Blanshard Street in Victoria and its mailing address is PO Box 9431, Station Provincial Government, Victoria, V8W 9V3. You can call the Registry at 250.387.5101 for more details. The local government agent’s office or a private title search company can also do a company search.

You must get the company name right on the notice of claim. Also, some companies are subsidiaries of larger companies, or vice versa, and often these companies have similar names. You must use the exact name of the company you were dealing with when the incident you are suing for occurred. If you sue the wrong company, it’s the same as suing the wrong person, and your case (and your notice of claim) will be dismissed.

Where do you file your notice of claim?

You must file your notice of claim in the right small claims court registry. To file a claim, submit it to the court registry. If the defendant is a company, you also need to file a copy of your company search. To figure out which court registry to file your claim with, check script 165, called “What is Small Claims Court?” You must also pay a filing fee, which you may get back from the defendant if you win.

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

You serve the notice of claim on the defendant (along with a blank reply form, attached to the notice, for them to fill out). That means you must give it to the defendant.

How to serve a defendant, depends on whether the defendant lives in BC. If the defendant lives in BC, you can serve the notice of claim (after you have filed it in court) by giving the defendant a copy of it, and a blank reply form (available from the registry and on the court forms website).

If the defendant lives outside of BC, but the event that led to the lawsuit happened in BC, you can serve your notice by giving the defendant a copy of it. But in any other case, you need permission of the court registrar before you can serve a notice of claim outside BC.

How to serve the notice also depends on whether the defendant is a person, a corporation, an unincorporated business, or a partnership. For example, to serve a:

  • a person over 18, you can give them the notice of claim personally, have someone else give it to them, or send it to them by registered mail.
  • a corporation, you send the notice to the corporation’s registered office by registered mail. The address of the registered office is shown on the company search you must do.
  • a partnership, you must serve one of the partners.
  • an unincorporated business, you must serve the owner.

After you serve the notice of claim, you must prove it by completing a certificate of service (Form 4).

Both the BC Ministry of Justice and the small claims rules explain how to serve documents and prove you served them. The small claims website has a checklist for serving documents, and the Law Centre at the University of Victoria has a factsheet. Also, script 165 also has information on it.

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

After you file the notice of claim, you have 12 months to serve it on the defendant. If your 12 months are just about up, you can apply to the court to renew your notice of claim and extend the 12-month deadline. (After 12 months, your notice of claims expires, but you can still apply to the court to renew it.)

How long does the defendant have to respond to your claim?

After a defendant is served, they have 14 days to file a reply if they live in BC. A defendant who does not live in BC has 30 days. The reply form is on the court forms website.

How can the defendant respond?

The defendant may:

  • agree to pay all your claim, but not right away
  • oppose all or part of the claim
  • sue you, called a counterclaim

What if the defendant agrees to pay your claim?

You can file a payment order. But if you don’t agree with the time when the defendant agrees to pay, you can ask for a payment hearing after filing your payment order so the court can set a payment schedule.

What if the defendant opposes your claim?

The small claims court registry will send you a copy of the defendant’s reply. Script 167, called “Being Sued in Small Claims Court” explains what the defendant must do.

Settlement 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) both attend the conference. The judge will give their opinion of the case during the conference.

Mediation—you may be able to use mediation for claims between $10,000 and $35,000, instead of suing in court. A neutral third-party tries to help both sides settle the dispute. It’s often faster and cheaper than suing. Small claims rule 7.3 deals with mediation. The mediation process is also explained on this BC government website.

Mediation is an option in all locations, but it’s not always available. For example, it’s not available for cases that can be dealt with under rule 9.2 (a summary trial for financial debt in Vancouver).

Mediation is mandatory only if one party files a notice to mediate or the court orders the parties to use it.

What if the defendant makes a counterclaim against you?

File a reply to the counterclaim within 14 days after receiving it.

Can the defendant offer to resolve the claim directly with you?

Yes. The defendant may contact you directly and offer to pay you or settle your claim. If this happens, you may reach an agreement. If so, you don’t have to continue your lawsuit. Instead, you can file a consent order or payment order to end it. You should put any agreement in writing and have both parties sign it. You may want to speak with a lawyer before you sign such an agreement.

What happens if the defendant doesn’t respond in time?

If the defendant doesn’t file a reply within the time limit or contact you to resolve the claim, you can file an application for default order (Form 5) asking the court for a default order. File it at the registry where you notice of claim was filed, along with a copy of the certificate of service (Form 4). If the claim is for a debt, the default order may be made without you even going to a hearing. But if the claim is not for a debt, the court registry must schedule a default hearing date so a judge can decide the amount you may get.

Trial

If the case is not settled at the settlement conference or mediation, it will go to trial. Script 168 explains that topic.

Simplified trial in Vancouver and Richmond

Under the Small Claims Pilot, the procedure differs for claims between $5,001 and $10,000 in the Vancouver Robson Square and Richmond registries. These claims go straight to a simplified, one-hour trial before an experienced lawyer who is a justice of the peace (called an adjudicator). There is no pre-trial settlement conference or mediation. Claims under $5001 can also go to a simplified trial if the Civil Resolution Tribunal cannot hear the case. But simplified trials are not used for personal injury claims or financial debt claims.

Summary trial in Vancouver

Vancouver uses a summary trial for all financial debt claims (money loans and credit-card debt) between $5,001 and $35,000. These trials are usually fast: less than 30 minutes. They use less formal rules of procedure and evidence.

Summary

To sue a person or company in small claims court, you must file a notice of claim with the court registry and serve the notice of claim on the person or company you are suing. The defendant may then contact you and offer to pay your claim. The defendant has 14 days to file a reply. After a reply is filed, many court registries set a date for a settlement conference to see if your claim can be resolved before trial. Some registries have simplified trial procedures for smaller claims and certain financial claims, where you go straight to a short trial. If the defendant doesn’t respond to your claim or file a reply within 14 days, you can get a default judgment against the defendant by asking for a default order or a default hearing date.

More information


[updated August 2017]

The above was last reviewed for accuracy by Anna Kurt and edited by John Blois.



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