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Difference between revisions of "Starting a Small Claim (20:V)"
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Starting a Small Claim (20:V) (view source)
Revision as of 01:13, 14 August 2020
, 01:13, 14 August 2020no edit summary
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== G. Serving a Notice of Claim == | == G. Serving a Notice of Claim == | ||
A copy of the filed Notice of Claim '''together with a blank Reply form''' (available from the registry) must be served on each defendant (Rule 2(1)). A claimant has 12 months from the date of filing to serve the defendants ( | A copy of the filed Notice of Claim '''together with a blank Reply form''' (available from the registry) must be served on each defendant (Rule 2(1)). A claimant has 12 months from the date of filing to serve the defendants (''Small Claims Rules, supra'', Rule 2(7)). If more time is required, the claimant can apply to the registrar for an extension (''Small Claims Rules, supra'', Rules 2(7), 16(2)(a), and 16(3)). | ||
The permissible methods for serving a defendant depend on who the defendant is. The table below sets out how each category of defendant can be served. If a defendant is evading service or, after a diligent search, cannot be found, a claimant may apply to a judge for an order for substitutional service. | The permissible methods for serving a defendant depend on who the defendant is. The table below sets out how each category of defendant can be served. If a defendant is evading service or, after a diligent search, cannot be found, a claimant may apply to a judge for an order for substitutional service. | ||
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! Defendant !! Permitted Methods of Service | ! Defendant !! Permitted Methods of Service | ||
|- | |- | ||
| Individual Over 19 Years Old ( | | Individual Over 19 Years Old (''Small Claims Rules, supra'', Rule 2(2)) || | ||
*Personal service | *Personal service | ||
*Registered mail to residence | *Registered mail to residence | ||
|- | |- | ||
| Individual Under 19 Years Old ( | | Individual Under 19 Years Old (''Small Claims Rules, supra'', Rules 2(6) and 18(2)) || | ||
*Personal service on the minor’s mother, father, or guardian | *Personal service on the minor’s mother, father, or guardian | ||
*Personal service on another person as directed by a judge upon application | *Personal service on another person as directed by a judge upon application | ||
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| Individual outside BC || | | Individual outside BC || | ||
*See “Individual Over 19 Years Old” or “Individual Under 19 Years Old” | *See “Individual Over 19 Years Old” or “Individual Under 19 Years Old” | ||
*Defendant has 30 days to respond ( | *Defendant has 30 days to respond (''Small Claims Rules, supra'', Rule 3(4)) | ||
|- | |- | ||
| BC Corporation ( | | BC Corporation (''Small Claims Rules, supra'', Rule 2(3)) || | ||
*Leaving a copy at the '''delivery address''' for the registered office | *Leaving a copy at the '''delivery address''' for the registered office | ||
*Registered mail to the '''mailing address''' for the registered office | *Registered mail to the '''mailing address''' for the registered office | ||
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*If the company’s registered office has been eliminated, as directed by a judge on application | *If the company’s registered office has been eliminated, as directed by a judge on application | ||
|- | |- | ||
| Extraprovincial Corporation || See | | Extraprovincial Corporation || See ''Small Claims Rules, supra'', Rule 2(4) | ||
|- | |- | ||
| Unincorporated Company (Proprietorship) ( | | Unincorporated Company (Proprietorship) (''Small Claims Rules, supra'', Rule 2(2)) || | ||
*Personal service on proprietor | *Personal service on proprietor | ||
*Registered mail to proprietor’s residence | *Registered mail to proprietor’s residence | ||
|- | |- | ||
| Unincorporated Company ( | | Unincorporated Company (''Small Claims Rules, supra'', Rule 2(5)) (Partnership) || | ||
*Personal service on a partner | *Personal service on a partner | ||
*Personal service on a receptionist or manager at the place of business | *Personal service on a receptionist or manager at the place of business | ||
*Registered mail to a partner’s residence | *Registered mail to a partner’s residence | ||
|- | |- | ||
| Company outside BC || See | | Company outside BC || See ''Small Claims Rules, supra'', Rule 18(6.1) | ||
|- | |- | ||
| Strata Corporation (See ''Strata Property Act'', SBC 1998, c 43, s 64) || | | Strata Corporation (See ''Strata Property Act'', SBC 1998, c 43, s 64) || | ||
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*Registered mail to its most recent mailing address on file in the Land Title Office | *Registered mail to its most recent mailing address on file in the Land Title Office | ||
|- | |- | ||
| Society (See ''Society Act'', RSBC 1996, c 433, s 12; | | Society (See ''Society Act'', RSBC 1996, c 433, s 12; ''Small Claims Rules, supra'', Rule 18(3)) || | ||
*Personal service on anyone at the address for service | *Personal service on anyone at the address for service | ||
*Personal service on a director, officer, receiver manager, or liquidator | *Personal service on a director, officer, receiver manager, or liquidator | ||
*Registered mail to the address for service | *Registered mail to the address for service | ||
|- | |- | ||
| Unincorporated Association ( | | Unincorporated Association (''Small Claims Rules, supra'', Rule 18(5))|| | ||
*Personal service on an officer | *Personal service on an officer | ||
*Registered mail to the registered office | *Registered mail to the registered office | ||
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*Personal service on anyone at the registered office | *Personal service on anyone at the registered office | ||
|- | |- | ||
| Trade Union ( | | Trade Union (''Small Claims Rules, supra'', Rule 18(5)) || | ||
*Leaving with the business agent | *Leaving with the business agent | ||
|- | |- | ||
| Municipality ( | | Municipality (''Small Claims Rules, supra'', Rule 18(1)) || | ||
*Personal service on the Clerk, Deputy Clerk, or similar official | *Personal service on the Clerk, Deputy Clerk, or similar official | ||
|- | |- | ||
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=== 3. Substitutional (Alternate) Service === | === 3. Substitutional (Alternate) Service === | ||
When, after a diligent search, a claimant is unable to locate the defendant or the defendant is evading service, the claimant can apply to the registrar ( | When, after a diligent search, a claimant is unable to locate the defendant or the defendant is evading service, the claimant can apply to the registrar (''Small Claims Rules, supra'', Rule 16(3)) for permission to serve the defendant in another manner (''Small Claims Rules, supra'', Rules 16(2)(e) and 18(8)). An affidavit and a hearing are not required. | ||
The alternate method of service that is ordered should be sufficient to bring the claim to the defendant’s attention. Suggested methods of alternate service include a Facebook message, email, facsimile, regular mail, and text message to all known addresses and phone numbers for the defendant. Other methods include posting the Notice of Claim on the defendant’s door. The claimant should seek an order requiring service in as many methods as will be reasonably necessary to make the defendant aware of the claim. | The alternate method of service that is ordered should be sufficient to bring the claim to the defendant’s attention. Suggested methods of alternate service include a Facebook message, email, facsimile, regular mail, and text message to all known addresses and phone numbers for the defendant. Other methods include posting the Notice of Claim on the defendant’s door. The claimant should seek an order requiring service in as many methods as will be reasonably necessary to make the defendant aware of the claim. | ||
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== H. Amending a Notice of Claim == | == H. Amending a Notice of Claim == | ||
Anything in a notice of claim, reply or other document that has been filed by a party may be changed by that party (a) without any permission, before a settlement conference, mediation, trial conference or trial, whichever comes first; or (b) with the permission of a judge ( | Anything in a notice of claim, reply or other document that has been filed by a party may be changed by that party (a) without any permission, before a settlement conference, mediation, trial conference or trial, whichever comes first; or (b) with the permission of a judge (''Small Claims Rules, supra'', Rule 8(1)). If permission of a judge is required, the applicant must complete an application form (Form 16), follow the instructions on the form, and file it at the registry with the amended document (''Small Claims Rules, supra'', Rule 8). | ||
If a Notice of Claim or Reply is being amended, changes must be underlined, initialed and dated on the revised document and, if there is an order authorizing the change, the document must contain a reference to it ( | If a Notice of Claim or Reply is being amended, changes must be underlined, initialed and dated on the revised document and, if there is an order authorizing the change, the document must contain a reference to it (''Small Claims Rules, supra'', Rule 8(2)). The document must then be filed at the registry and served again on each party to the claim before any further steps are made in the claim. The other party may then change their reply through the same process if they choose, or they may rely on their original reply. | ||
A party wishing to withdraw their claim or other filed document may do so at any time by filing a copy of a notice of withdrawal at the registry and serving the notice on the parties that were served with the document that is being withdrawn ( | A party wishing to withdraw their claim or other filed document may do so at any time by filing a copy of a notice of withdrawal at the registry and serving the notice on the parties that were served with the document that is being withdrawn (''Small Claims Rules, supra'', Rule 8(4)). | ||
== I. Proof of Service == | == I. Proof of Service == | ||
Once the defendant has been served, the claimant should complete a [[https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms|Certificate of Service (Form 4)]] and file it along with the service copy of the Notice of Claim. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available ( | Once the defendant has been served, the claimant should complete a [[https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms|Certificate of Service (Form 4)]] and file it along with the service copy of the Notice of Claim. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available (''Small Claims Rules, supra'', Rule 18(14)). Rarely, a judge may allow sworn oral evidence of personal service (''Small Claims Rules, supra'', Rule 18(15)). | ||
{{REVIEWED LSLAP | date= August 13, 2020}} | {{REVIEWED LSLAP | date= August 13, 2020}} | ||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||
