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Difference between revisions of "Responding to a Small Claim (20:VI)"

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== B. Time Limits ==
== B. Time Limits ==


Unless a defendant pays the amount of the claim directly to the claimant and asks the claimant to withdraw the claim126, the defendant must file a Reply within the required time limit. '''Failure to file a Reply may result in the claimant obtaining a Default Order.'''
Unless a defendant pays the amount of the claim directly to the claimant and asks the claimant to withdraw the claim (Rule 3(1)(a)), the defendant must file a Reply within the required time limit. '''Failure to file a Reply may result in the claimant obtaining a Default Order.'''


The time limits for filing a Reply are generally the same whether the defendant is:  
The time limits for filing a Reply are generally the same whether the defendant is:  
*a defendant served with a Notice of Claim127;  
*a defendant served with a Notice of Claim (Rule 3(4));  
*the claimant served with a counterclaim128; or  
*the claimant served with a counterclaim (Rule 4(3.1)(b)); or  
*a third party served with a third party notice129.  
*a third party served with a third party notice (Rule 5(7)).  


If the defendant was served inside British Columbia, a Reply must be filed within '''14 days after service'''130. If the defendant was  served outside British Columbia, a Reply must be filed within '''30 days after service'''131.The one exception is where the claimant  is served with a counterclaim.   The claimant is required to file a Reply within 14 days after service  even if the claimant is served outside British Columbia.  
If the defendant was served inside British Columbia, a Reply must be filed within '''14 days after service''' (Rule 3(4)). If the defendant was  served outside British Columbia, a Reply must be filed within '''30 days after service''' (Rule 3(4)). The one exception is where the claimant  is served with a counterclaim. The claimant is required to file a Reply within 14 days after service  even if the claimant is served outside British Columbia.


== C. Defences ==
== C. Defences ==