Court Process in Consumer and Debt Matters: Difference between revisions
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Court Process in Consumer and Debt Matters (view source)
Revision as of 15:47, 12 October 2018
, 12 October 2018→Small Claims Court
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* Has monetary jurisdiction over actions up to $35,000 (excluding costs and interest). Most claims up to $5,000 are dealt with by the Civil Resolution Tribunal.
| * Has monetary jurisdiction over actions up to $35,000 (excluding costs and interest). Most claims up to $5,000 are dealt with by the Civil Resolution Tribunal.
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* Deals with most types of consumer and debt cases ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(1)] of the ''Small Claims Act''). Some causes of action (for example, libel, slander, and malicious prosecution) cannot be brought in this court ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(2)] of the ''Small Claims Act'').
| * Deals with most types of consumer and debt cases ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(1)] of the ''Small Claims Act''). Some causes of action (for example, libel, slander, and malicious prosecution) cannot be brought in this court ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html#sec3_smooth section 3(2)] of the ''Small Claims Act'').
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* Some statutes specify that an action can be brought in this court. For example, | * Some statutes specify that an action can be brought in this court. For example, [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec171_smooth section 171(3)] of the ''Business Practices and Consumer Protection Act'' states that certain actions under that Act can be brought in Small Claims Court.
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* Procedures are easier to follow than in the Supreme Court, so the plaintiff (the person making the claim) may not need a lawyer.
| * Procedures are easier to follow than in the Supreme Court, so the plaintiff (the person making the claim) may not need a lawyer.
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