Responding to a Small Claim (20:VI): Difference between revisions
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Responding to a Small Claim (20:VI) (view source)
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, 5 August 2016→B. Time Limits
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== B. Time Limits == | == B. Time Limits == | ||
Unless | 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 | *a defendant served with a Notice of Claim (Rule 3(4)); | ||
*the claimant served with a | *the claimant served with a counterclaim (Rule 4(3.1)(b)); or | ||
*a third party served with a third party | *a third party served with a third party notice (Rule 5(7)). | ||
If | 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 == |