Difference between revisions of "Starting a Small Claim (20:V)"
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Facilitation ends when the case manager determines that the Tribunal Decision Plan is complete. | Facilitation ends when the case manager determines that the Tribunal Decision Plan is complete. | ||
== | == G. Drafting the Notice of Claim == | ||
The Notice of Claim is the document that starts an action in Small Claims Court. The Notice of Claim form is comprised of several sections and each section must be completed. The form can be either typed or handwritten. Hard copies are available from the court registry (see [[Small_Claims_Registries_(20:App_A)|Appendix A]]) and an electronic copy is available online at http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. | The Notice of Claim is the document that starts an action in Small Claims Court. The Notice of Claim form is comprised of several sections and each section must be completed. The form can be either typed or handwritten. Hard copies are available from the court registry (see [[Small_Claims_Registries_(20:App_A)|Appendix A: Small Claims Registries]]) and an electronic copy is available online at http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. | ||
Where possible, a claimant should type the Notice of Claim form. A sample Notice of Claim (see [[Sample_Notice_of_Claim_for_Small_Claims_(20:App_C)|Appendix C]]) is attached and may be a helpful guideline when drafting a Notice of Claim. | Where possible, a claimant should type the Notice of Claim form. A sample Notice of Claim (see [[Sample_Notice_of_Claim_for_Small_Claims_(20:App_C)|Appendix C: Sample Notice of Claim]]) is attached and may be a helpful guideline when drafting a Notice of Claim. | ||
=== 1. “From” === | === 1. “From” === | ||
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The claimant must list the full legal name, address for service, and, if available, the telephone number for each defendant. If additional space is required, the claimant may attach a piece of paper listing this information for each defendant. Alternatively, the Notice of Claim filing assistant (visit https://justice.gov.bc.ca/FilingAssistant/) can neatly add multiple defendants onto one Notice of Claim form. | The claimant must list the full legal name, address for service, and, if available, the telephone number for each defendant. If additional space is required, the claimant may attach a piece of paper listing this information for each defendant. Alternatively, the Notice of Claim filing assistant (visit https://justice.gov.bc.ca/FilingAssistant/) can neatly add multiple defendants onto one Notice of Claim form. | ||
Failure to list the proper legal name of a defendant may result in the claimant’s claim against that defendant being dismissed or the judgment against that defendant being unenforceable. If the limitation period has already expired, the claimant may not be able to correct the error (see [[Limitation_Periods_(20:App_F) | Appendix F]]). | Failure to list the proper legal name of a defendant may result in the claimant’s claim against that defendant being dismissed or the judgment against that defendant being unenforceable. If the limitation period has already expired, the claimant may not be able to correct the error (see [[Limitation_Periods_(20:App_F) | Appendix F: Limitation Periods]]). | ||
=== 3. “What Happened?” === | === 3. “What Happened?” === | ||
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If the judgment is not paid immediately, post-judgment interest may be awarded. The court has the discretion to vary the rate of interest or to set a different date from which the interest commences (''Court Order Interest Act'', RSBC 1996, c 79, s 8). | If the judgment is not paid immediately, post-judgment interest may be awarded. The court has the discretion to vary the rate of interest or to set a different date from which the interest commences (''Court Order Interest Act'', RSBC 1996, c 79, s 8). | ||
==== b) Claims between $ | ==== b) Claims between $5,001-$35,000 ==== | ||
In order to sue in Small Claims Court for a claim exceeding $35,000, the claimant must state, “The Claimant abandons the portion of any net judgment that exceeds $35,000” (''SCR'', Rules 1(4) and (5)). At any time prior to trial, the claimant can decide to sue for the full amount and apply to transfer the claim to the Supreme Court of British Columbia (''Der v Giles'', 2003 BCSC 623). Once the trial has been heard, however, the abandonment is likely permanent. | In order to sue in Small Claims Court for a claim exceeding $35,000, the claimant must state, “The Claimant abandons the portion of any net judgment that exceeds $35,000” (''SCR'', Rules 1(4) and (5)). At any time prior to trial, the claimant can decide to sue for the full amount and apply to transfer the claim to the Supreme Court of British Columbia (''Der v Giles'', 2003 BCSC 623). Once the trial has been heard, however, the abandonment is likely permanent. | ||