Starting a Lawsuit: Difference between revisions
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If you don’t know what limitation period applies in your case, see a lawyer. If your limitation period expires before you sue, that may be the end of it. It’s best to start your lawsuit as soon as it’s clear that the person or company can’t or won’t pay you what they owe. Don’t delay. | If you don’t know what limitation period applies in your case, see a lawyer. If your limitation period expires before you sue, that may be the end of it. It’s best to start your lawsuit as soon as it’s clear that the person or company can’t or won’t pay you what they owe. Don’t delay. | ||
Where do you sue, or file your notice of claim? | ==Where do you sue, or file your notice of claim?== | ||
You have a choice. You can file a notice of claim (to start your lawsuit) in the Small Claims Court registry that is either nearest to: | You have a choice. You can file a notice of claim (to start your lawsuit) in the Small Claims Court registry that is either nearest to: | ||
*where the person you are suing lives or has a business, or | |||
*where the event you’re suing about happened. | |||
For example, say you want to sue a driver for injuries from a car accident. He lives in Surrey, but the accident took place in Vancouver. You can sue in either Surrey or Vancouver. | For example, say you want to sue a driver for injuries from a car accident. He lives in Surrey, but the accident took place in Vancouver. You can sue in either Surrey or Vancouver. | ||
Where will your case be tried? | ==Where will your case be tried?== | ||
There is a Small Claims Court in all major cities and most smaller towns in British Columbia. The BC Ministry of Justice lists court locations. So does the Small Claims Court website. Or you can ask Inquiry BC for court locations; call it 604.660.2421 in Vancouver, 250.387.6121 in Victoria or 1.800.663.7867 elsewhere in BC. | There is a Small Claims Court in all major cities and most smaller towns in British Columbia. The BC Ministry of Justice lists [http://www.ag.gov.bc.ca/courts/overview/locations/index.htm court locations]. So does the [http://www.smallclaimsbc.ca/court-locations Small Claims Court website]. Or you can ask Inquiry BC for court locations; call it 604.660.2421 in Vancouver, 250.387.6121 in Victoria or 1.800.663.7867 elsewhere in BC. | ||
Telling the other side that you are suing—serving your notice of claim | ==Telling the other side that you are suing—serving your notice of claim== | ||
You have to inform the person you are suing (the defendant) that you are suing them. That’s called serving them with your notice of claim. And you must do that within one year of filing your claim. 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). The ways to serve a defendant depend on who the defendant is. For example, if the defendant is a person over 18 years old, you can serve your notice of claim by giving it to them in person (called personal service) or sending it to their home by registered mail. | You have to inform the person you are suing (the defendant) that you are suing them. That’s called serving them with your notice of claim. And you must do that within one year of filing your claim. 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). The ways to serve a defendant depend on who the defendant is. For example, if the defendant is a person over 18 years old, you can serve your notice of claim by giving it to them in person (called personal service) or sending it to their home by registered mail. | ||
If the defendant lives outside of BC, but the event that led to the lawsuit happened in BC, you can serve your notice of claim in the ordinary way as already explained. In any other case, you need permission of the court registrar before you can serve a notice of claim outside BC. | If the defendant lives outside of BC, but the event that led to the lawsuit happened in BC, you can serve your notice of claim in the ordinary way as already explained. In any other case, you need permission of the court registrar before you can serve a notice of claim outside BC. | ||
The BC Ministry of Justice has more on serving documents. | The BC [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm Ministry of Justice] has more on serving documents. | ||
How much does it cost to go to Small Claims Court? | ==How much does it cost to go to Small Claims Court?== | ||
Because you can go to court yourself and handle your own Small Claims Court trial, you don’t have to pay any legal fees to a lawyer. But you must pay various small charges to file your claim, deliver documents to the defendant, and so on. For example, the Small Claims Court fee to start a claim is $100 for claims up to $3,000 and $156 for claims over $3,000. Overall, the procedures are simple and relatively inexpensive. | Because you can go to court yourself and handle your own Small Claims Court trial, you don’t have to pay any legal fees to a lawyer. But you must pay various small charges to file your claim, deliver documents to the defendant, and so on. For example, the Small Claims Court fee to start a claim is $100 for claims up to $3,000 and $156 for claims over $3,000. Overall, the procedures are simple and relatively inexpensive. | ||
Can you appeal a Small Claims Court judgment? | ==Can you appeal a Small Claims Court judgment?== | ||
You can appeal a Small Claims Court judgment to the Supreme Court, but the appeal must be started within 40 days after the Small Claims Court order was made. If you are late filing the notice of appeal, you can apply to the Supreme Court to extend the time, but there’s no guarantee that you will get it. | You can appeal a Small Claims Court judgment to the Supreme Court, but the appeal must be started within 40 days after the Small Claims Court order was made. If you are late filing the notice of appeal, you can apply to the Supreme Court to extend the time, but there’s no guarantee that you will get it. | ||
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If you want to appeal a Small Claims Court judgment, you should probably consult a lawyer right away. | If you want to appeal a Small Claims Court judgment, you should probably consult a lawyer right away. | ||
Mediation—another option | ==Mediation—another option== | ||
You may be able to use mediation (with a mediator) at certain courthouses, instead of suing in a court, before a judge. The Court Mediation Program website explains the program for claims up to $10,000. A different process is available for claims between $10,000 and $25,000. | You may be able to use mediation (with a mediator) at certain courthouses, instead of suing in a court, before a judge. The [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/mediation_up.htm Court Mediation Program website] explains the program for claims up to $10,000. A [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/mediation_between.htm different process] is available for claims between $10,000 and $25,000. | ||
Summary | ==Summary== | ||
You can sue in Small Claims Court if your claim is for $25,000 or less, though some types of claims aren’t allowed. Typical claims that go to Small Claims Court are for money owed or for damages for personal injury, property loss or breaking a contract. Depending on the claim, there are different deadlines for making a claim, so if you want to sue, you should start as soon as possible. | You can sue in Small Claims Court if your claim is for $25,000 or less, though some types of claims aren’t allowed. Typical claims that go to Small Claims Court are for money owed or for damages for personal injury, property loss or breaking a contract. Depending on the claim, there are different deadlines for making a claim, so if you want to sue, you should start as soon as possible. | ||
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*Before you start your claim, you may want to get some advice from a lawyer or talk to the Small Claims Court staff for help with procedures. | *Before you start your claim, you may want to get some advice from a lawyer or talk to the Small Claims Court staff for help with procedures. | ||
*Check the [http://www.smallclaimsbc.ca/ Small Claims Court website], the [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Provincial Court website], and the [http://www.ag.gov.bc.ca/courts/small_claims/ Ministry of Justice website]. It has guides on [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/making_a_claim.htm 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], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_results.htm getting results], and [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/mediation_up.htm mediation]. | |||
*Check the other Dial-A-Law scripts in this Small Claims Court series. | |||
[updated November 2016] | |||
The above was last reviewed for accuracy by Anna Kurt and edited by John Blois. | |||
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