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| {{Dial-A-Law TOC|expanded = smallclaims}} | | {{Dial-A-Law TOC|expanded = smallclaims}} |
| ==Before you sue—try to settle the case==
| | To sue in Small Claims Court, you file a “notice of claim” in court, and then let the party you’re suing know about it. Learn the steps in the process. |
| This script explains how to sue in small claims court. But before you sue, try to settle the case without going to court. That can save you a lot of time and money. The [http://www.smallclaimsbc.ca/ small claims website] starts with this suggestion and explains [http://www.smallclaimsbc.ca/settlement-options/overview settlement options]. They include using demand letters, [http://www.smallclaimsbc.ca/settlement-options/ODR online dispute resolution], [http://www.smallclaimsbc.ca/settlement-options/mediation mediation], arbitration, collection agencies, negotiation, and payment terms.
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| ==New process for small claims started June 1, 2017== | | ==Understand your legal rights== |
| Starting June 1, 2017, the government made [http://provincialcourt.bc.ca/enews/enews-20-03-2017 important changes to small claims court]. Now, where you sue depends on the amount you seek:
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| *Claims up to $5,000 go to the [https://civilresolutionbc.ca/how-the-crt-works/getting-started/small-claims-solution-explorer/ Civil Resolution Tribunal]
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| *Claims from $5,001 to $35,000 go to small claims court—this script covers this topic
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| *Claims over $35,000 go to [http://www.courts.gov.bc.ca/supreme_court/ BC supreme court]. More information on these claims is also available on [http://www.supremecourtbc.ca/civil the site for people who represent themselves] in supreme court.
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| ==How do you sue in small claims court?== | | ===What claims you can bring in Small Claims Court=== |
| Fill out a document called a '''notice of claim''', called Form 1. The notice starts the lawsuit once you file it with the court registry and deliver it to the person you’re suing. You can complete the notice in several ways, including:
| | Whether you can sue in Small Claims Court depends on the dollar value of the claim and its subject. |
| *using the online [https://justice.gov.bc.ca/FilingAssistant/index.do;jsessionid=INTr4U2EBho-T3WXyhyIFEcE.08878bd1-3cd1-3830-87f0-9372399e9d53 filing assistant]
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| *downloading the notice from the [http://www.smallclaimsbc.ca/court-forms court forms website]
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| *going to the small claims court [http://www.smallclaimsbc.ca/court-locations registry] and asking for the notice
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| In the notice of claim, describe what caused you to sue and where it happened. Say how much money you’re seeking, and any other remedies you want.
| | ====The dollar amount==== |
| | Small Claims Court generally deals with '''claims for $5,000 to $35,000'''. |
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| You can’t sue the federal government in small claims court. And you can’t sue for cases that involve things like defamation, land, residential tenancy, bankruptcy, estates, and builders liens. Script [[What is Small Claims Court? (Script 165)|165]] has more on this. So does the [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters provincial court website].
| | Claims for up to $5,000 must usually be taken to the online [https://civilresolutionbc.ca/ Civil Resolution Tribunal]. However, Small Claims Court may deal with claims under $5,000 in certain circumstances, such as where the tribunal considers the case to be too complex. |
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| As the person who sues, you are called the claimant. The person or company you are suing is called the '''defendant'''. Be careful to name the defendant properly. If it’s not exactly right, you might not be able to get your money. Small claims court is less formal than supreme court, but you must still follow certain procedures closely.
| | Claims for more than $35,000 generally go to the [http://www.courts.gov.bc.ca/supreme_court/index.aspx BC Supreme Court]. You can make a claim for more than $35,000 in Small Claims Court, but if you do you must abandon the amount over $35,000. |
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| ==What’s the time limit to sue?== | | ====The subject==== |
| The time limit to sue is called the '''limitation period'''. For most claims, you have 2 years from the day you [http://www.bclaws.ca/civix/document/id/complete/statreg/12013_01#section8 discovered] (knew, or reasonably ought to have known) all the following:
| | Claims brought in Small Claims Court must involve: |
| *injury, loss or damage occurred | | *debt or damages, |
| *it was caused at least partly by an act or omission | | *recovery of personal property, or |
| *the act or omission was that of the person you’re suing | | *agreements about services or personal property. |
| *court is the right place to seek a remedy
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| For example, you took your car for repairs but when you got it back you see that the shop damaged it. The limitation period starts when you realized these things, or when you reasonably ought to have realized them. Script [[What is Small Claims Court? (Script 165)|165]] has more on limitation periods.
| | Small Claims Court does '''not''' have the power to deal with several types of claims, including claims to do with an interest in land, defamation, wills and estates, and lawsuits against the federal government. |
| | For more on where certain types of claims can and can’t be brought, see our information on [[What is Small Claims Court? (Script 165)|starting a lawsuit (no. 165)]]. |
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| ==If the defendant is a person== | | {| class="wikitable" |
| If you are suing a person, you must use their full name on the notice of claim. Try to use their legal name that would appear on their driver’s license. If they go by a different name, you can include it after their proper name by writing “also known as”. For example, if a person goes by both their maiden name and their married name, use “also known as”. Do not include a person’s title, such as Ms. or Dr.
| | |align="left"|'''Tip''' |
| | Have a claim arising out of a '''motor vehicle accident'''? For accidents taking place in BC after April 1, 2019, injury claims up to $50,000 must be brought to the [https://civilresolutionbc.ca/ Civil Resolution Tribunal]. |
| | |} |
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| ==If the defendant is a corporation, partnership, or unincorporated business== | | ===There’s a time limit to sue=== |
| If you’re suing a corporation, you must use its legal name on the notice of claim. To find the correct name of a corporation, you must get a company search from the [http://www.bcregistryservices.gov.bc.ca/bcreg/corppg/index.page Corporate Registry]. You can do an online search through [https://www.corporateonline.gov.bc.ca/ Corporate Online]. The Registry is at 940 Blanshard Street in Victoria and its mailing address is PO Box 9431, Station Provincial Government, Victoria, V8W 9V3. You can call the Registry at 250.387.5101 for more details. The local government agent’s office or a private title search company can also do a company search.
| | The [http://canlii.ca/t/8qx3 law in BC] creates a time window to bring a legal action. For most claims, that window (or “'''limitation period'''”) is '''two years'''. Once two years have passed after a claim is “discovered”, it’s too late to start a lawsuit. |
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| You must get the company name right on the notice of claim. Also, some companies are subsidiaries of larger companies, or vice versa, and often these companies have similar names. You must use the exact name of the company you were dealing with when the incident you are suing for occurred. If you sue the wrong company, it’s the same as suing the wrong person, and your case (and your notice of claim) will be dismissed.
| | The claim is said to be '''discovered''' on the first day you knew, or reasonably ought to have known, all the following: |
| | *an injury, loss or damage occurred, |
| | *it was caused at least partly by an act or '''omission''' (something neglected or left undone), |
| | *the act or omission was that of the person you’re suing, and |
| | *a court proceeding would be an appropriate way to seek a remedy. |
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| ==Where do you file your notice of claim?==
| | For example, let’s say you buy a new high performance bicycle. Three months after you get it, the front brakes fail, and you’re in a serious crash. An expert you hire determines the brakes were faulty. The limitation period starts on the day you discovered the brakes were faulty and realized (or reasonably ought to have realized) it was the bike maker that was responsible for the damage. |
| You must file your notice of claim in the right small claims [http://www.smallclaimsbc.ca/court-locations court registry]. To file a claim, submit it to the court registry. If the defendant is a company, you also need to file a copy of your company search. To figure out which court registry to file your claim with, check script [[What is Small Claims Court? (Script 165)|165]], called “What is Small Claims Court?” You must also pay a filing fee, which you may get back from the defendant if you win.
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| ==Telling the defendant that you are suing—serving the notice of claim==
| | For more on limitation periods, see our information on [[What is Small Claims Court? (Script 165)|starting a lawsuit (no. 165)]]. |
| You '''serve''' the notice of claim on the defendant (along with a blank '''reply''' form, attached to the notice, for them to fill out). That means you must give it to the defendant.
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| How to serve a defendant, depends on whether the defendant lives in BC. 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 and on the [http://www.smallclaimsbc.ca/court-forms court forms website]).
| | ==The steps in the process== |
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| If the defendant lives outside of BC, but the event that led to the lawsuit happened in BC, you can serve your notice by giving the defendant a copy of it. But in any other case, you need permission of the court registrar before you can serve a notice of claim outside BC.
| | ===Step 1. Prepare the notice of claim=== |
| | A lawsuit in Small Claims Court begins with a '''notice of claim'''. You must complete the notice form, file it with the court registry, and deliver it to the party you’re suing. |
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| How to serve the notice also depends on whether the defendant is a person, a corporation, an unincorporated business, or a partnership. For example, to serve:
| | You can complete the notice of claim by: |
| *a person over 18, you can give them the notice of claim personally, have someone else give it to them, or send it to them by registered mail. | | *using the court’s online [https://justice.gov.bc.ca/FilingAssistant/index.do;jsessionid=INTr4U2EBho-T3WXyhyIFEcE.08878bd1-3cd1-3830-87f0-9372399e9d53 Filing Assistant], which walks you through the steps of completing the form, |
| *a corporation, you send the notice to the corporation’s registered office by registered mail. The address of the registered office is shown on the company search you must do. | | *downloading the notice of claim form (Form 1) from the BC government website at [http://gov.bc.ca/smallclaims gov.bc.ca/smallclaims], or |
| *a partnership, you must serve one of the partners. | | *going to a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations Small Claims Court registry] and asking for the notice form. |
| *an unincorporated business, you must serve the owner.
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| After you serve the notice of claim, you must prove it by completing a '''certificate of service''' (Form 4).
| | In the notice of claim, briefly describe what happened that led to your claim. You don’t need to tell everything about your case. Later, at a settlement conference or trial, you will have an opportunity to fully explain your side of the story. |
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| Both the BC [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm Ministry of Justice] and the [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_00 small claims rules] explain how to serve documents and prove you served them. The small claims website has a [http://www.smallclaimsbc.ca/sites/default/files/pdf/serving-documents-checklist.pdf checklist for serving documents], and the Law Centre at the University of Victoria has a [http://thelawcentre.ca/self_help/small_claims_factsheets/fact_06 factsheet]. Also, script [[What is Small Claims Court? (Script 165)|165]] has information on it.
| | Say how much money you’re seeking. If you’re asking for something besides money (for example, the recovery of property), write that down and include a dollar value. |
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| ==How long do you have to serve your notice of claim?==
| | As the person who is suing, you are called the '''claimant'''. The person or company you are suing is called the '''defendant'''. |
| After you file the notice of claim, you have 12 months to serve it on the defendant. If your 12 months are just about up, you can apply to the court to renew your notice of claim and extend the 12-month deadline. (After 12 months, your notice of claims expires, but you can still apply to the court to renew it.)
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| ==How long does the defendant have to respond to your claim?==
| | Take care in naming the defendant. If you name the wrong party, your claim will be dismissed. Make sure to use the defendant’s proper name. If you’re suing a company, you can get the company’s '''legal name''' by doing a '''company search''' with [https://www2.gov.bc.ca/gov/content/employment-business/business/managing-a-business/permits-licences/businesses-incorporated-companies/searches-certificates BC Registries]. You can call them at 1-877-526-1526 or visit a [https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/citizens-services/servicebc Service BC location] for more information. (Note you will need a copy of the company search when you go to file your notice of claim.) |
| After a defendant is served, they have 14 days to file a reply if they live in BC. A defendant who does not live in BC has 30 days. The reply form is on the [http://www.smallclaimsbc.ca/court-forms court forms website].
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| ==How can the defendant respond?== | | ===Step 2. File the notice of claim in court=== |
| The defendant may: | | You must '''file the notice of claim''' in the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations Small Claims Court registry]. You have a choice of which registry to file in. You can file the notice in the registry nearest to where the person you are suing lives or carries on business, or in the registry nearest to where the events you’re suing about took place. |
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| | For example, say you want to sue a person for injuries you suffered when they punched you at a nightclub. The incident took place at a nightclub in Vancouver. The person lives in Surrey. You can file the notice of claim in either the Vancouver or Surrey court registry. |
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| | There is a filing fee, which you may get back from the defendant if you win. |
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| | If the defendant is a company, you also need to file a copy of your company search. |
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| | ===Step 3. Serve the notice on the defendant=== |
| | You must '''serve''' the notice of claim on the defendant. “Serving” means delivering the notice to them. You must also include a blank reply form for them to fill out. You can get the blank reply form (Form 2) at [http://gov.bc.ca/smallclaims gov.bc.ca/smallclaims]. |
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| | If the defendant is a person aged 19 or over, you can serve them by '''personal service''' or '''registered mail'''. To serve a document personally, you or someone acting on your behalf can simply hand the document to the defendant. If the person refuses to take it, you can drop it on the floor at their feet. |
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| | If the defendant is a company, you can send the notice by registered mail or personally deliver it to the company’s '''registered office'''. The address of the registered office is shown on the company search you had to submit with your notice of claim. |
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| | After you serve the notice of claim, you must prove it by completing a '''certificate of service''' (in Form 4). |
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| | The BC government website has a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/serving-documents guide on serving documents] that provides more detail, such as options if you can’t find the defendant to serve them or they live out of province. |
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| | ===Step 4. Wait for a reply=== |
| | After a defendant is served, they have '''14 days''' to respond. (A defendant who does not live in BC has 30 days to respond.) The defendant responds by filing a '''reply'''. |
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| | In their reply, the defendant may: |
| *agree to pay all your claim, but not right away | | *agree to pay all your claim, but not right away |
| *oppose all or part of the claim | | *oppose all or part of the claim |
| *sue you, called a counterclaim | | *sue you back, by making a '''counterclaim''' |
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| | The court will send a copy of the reply to you, as the claimant. In most cases, the court will set a date for a '''settlement conference'''. |
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| | {| class="wikitable" |
| | |align="left"|'''Tip''' |
| | If the defendant agrees to pay your claim, you can file a '''consent order''' or a '''payment order'''. The forms are available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]. If the defendant agrees to pay but you can’t agree on a timeframe, you can ask for a '''payment hearing''', where the court can set a payment schedule. |
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| ==What if the defendant agrees to pay your claim?== | | ===Step 5. Attend the settlement conference=== |
| You can file a '''payment order'''. But if you don’t agree with the time when the defendant agrees to pay, you can ask for a payment hearing after filing your payment order so the court can set a payment schedule.
| | Once the defendant files a reply, the registry usually sets a date for a 45 minute meeting called a '''settlement conference''' with a judge. The purpose is to try to settle the case before a trial. You and the defendant (and your lawyers, if you have them) attend the conference. The judge will give their opinion of the case during the conference. |
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| ==What if the defendant opposes your claim?==
| | If you and the defendant do not settle the case, it will go to '''trial'''. See our information on [[Going to Trial in Small Claims Court (Script 168)|going to trial in Small Claims Court (no. 168)]]. |
| The small claims court registry will send you a copy of the defendant’s reply. Script [[Being Sued in Small Claims Court (Script 167)|167]], called “Being Sued in Small Claims Court” explains what the defendant must do.
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| '''Settlement conference'''—once the defendant files a reply, the registry usually sets a date for a 45-minute meeting called a settlement conference with a judge. The purpose is to try to settle the case before a trial. You and the defendant (and your lawyers, if you have them) both attend the conference. The judge will give their opinion of the case during the conference.
| | ==Common questions== |
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| '''Mediation'''—you may be able to use [http://www.smallclaimsbc.ca/settlement-options/mediation mediation] for claims between $10,000 and $35,000, instead of suing in court. A neutral third-party tries to help both sides settle the dispute. It’s often faster and cheaper than suing. Small claims [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_02#rule7.3 rule 7.3] deals with mediation. The mediation process is also explained on this BC government [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/mediation_between.htm website].
| | ===How long do I have to serve the notice of claim?=== |
| | After you file the notice of claim, you have one year to serve it on the defendant. After that time, your notice of claim will expire. If you wanted to continue after that time, you could apply for a renewal. |
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| Mediation is an option in all locations, but it’s not always available. For example, it’s not available for cases that can be dealt with under [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_02#rule9.2 rule 9.2] (a summary trial for financial debt in Vancouver).
| | ===What happens if the defendant doesn’t respond in time?=== |
| | If the defendant doesn’t file a reply within the time limit or contact you to resolve the claim, you can file an '''application for default order''' (in Form 5). File it at the registry where you filed the notice of claim, along with a copy of the certificate of service (in Form 4). |
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| Mediation is mandatory only if one party files a notice to mediate or the court orders the parties to use it.
| | If the claim is for a debt, a '''default order''' may be made without you even going to a hearing. If the claim is not for a debt, the court registry must schedule a '''default hearing''' date so a judge can decide the amount you may get. |
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| ==What if the defendant makes a counterclaim against you?== | | ===The defendant offered to pay the claim directly to me. Can I accept it?=== |
| File a reply to the counterclaim within 14 days after receiving it.
| | Yes. After receiving your notice of claim, the defendant may contact you directly and offer to pay the claim or try to settle the case in some way. You are free to make whatever arrangements you want at any time. Just because you have filed a notice of claim with the court does not mean you must continue with the lawsuit. |
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| ==Can the defendant offer to resolve the claim directly with you?==
| | If you are satisfied with what the defendant offers, you can withdraw your claim by filing a '''notice of withdrawal''' with the court. This form is available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]. You should put any agreement in writing and have both parties sign it. |
| Yes. The defendant may contact you directly and offer to pay you or settle your claim. If this happens, you may reach an agreement. If so, you don’t have to continue your lawsuit. Instead, you can file a consent order or payment order to end it. You should put any agreement in writing and have both parties sign it. You may want to speak with a lawyer before you sign such an agreement.
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| ==What happens if the defendant doesn’t respond in time?==
| | If the defendant offers payments, you can prepare a '''consent order''' or a '''payment order'''. File the order at the court registry where you filed the notice of claim. The order [[Getting Your Judgment Paid (Script 169)|can be enforced]] if payment stops. |
| If the defendant doesn’t file a reply within the time limit or contact you to resolve the claim, you can file an application for '''default order''' (Form 5) asking the court for a default order. File it at the registry where you notice of claim was filed, along with a copy of the certificate of service (Form 4). If the claim is for a debt, the default order may be made without you even going to a hearing. But if the claim is not for a debt, the court registry must schedule a default hearing date so a judge can decide the amount you may get. | |
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| ==Trial== | | ==Get help== |
| If the case is not settled at the settlement conference or mediation, it will go to trial. Script [[Going to Trial in Small Claims Court (Script 168)|168]] explains that topic.
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| ==Simplified trial in Vancouver and Richmond== | | ===With your case=== |
| Under the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/pilot Small Claims Pilot], the procedure differs for claims between $5,001 and $10,000 in the Vancouver Robson Square and Richmond registries. These claims go straight to a [http://www.smallclaimsbc.ca/trial/simplified-trial simplified, one-hour trial] before an experienced lawyer who is a justice of the peace (called an adjudicator). There is no pre-trial settlement conference or mediation. Claims under $5001 can also go to a simplified trial if the Civil Resolution Tribunal cannot hear the case. But simplified trials are not used for personal injury claims or financial debt claims.
| | You do not need a lawyer to go to Small Claims Court. But you'll probably better understand the process, as well as the strength of your case, if you get '''legal advice'''. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on [[Low Cost and Free Legal Services (Script 430)|free and low-cost legal help (no. 430)]]. |
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| ==Summary trial in Vancouver== | | ===More information=== |
| Vancouver uses a [http://www.smallclaimsbc.ca/trial/summary-trial summary trial] for all financial debt claims (money loans and credit-card debt) between $5,001 and $35,000. These trials are usually fast: less than 30 minutes. They use less formal rules of procedure and evidence.
| | The '''BC government''' website has how-to guides on Small Claims Court, including [free and low-cost legal help (no. 430) making a claim], replying to a claim, serving documents, getting ready for court, and getting results. |
| | :Web: [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides gov.bc.ca/smallclaims] |
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| ==Summary==
| | The BC government’s '''Small Claims Court Filing Assistant''' walks you through the steps of completing court forms. |
| To sue a person or company in small claims court, you must file a notice of claim with the court registry and serve the notice of claim on the person or company you are suing. The defendant may then contact you and offer to pay your claim. The defendant has 14 days to file a reply. After a reply is filed, many court registries set a date for a settlement conference to see if your claim can be resolved before trial. Some registries have simplified trial procedures for smaller claims and certain financial claims, where you go straight to a short trial. If the defendant doesn’t respond to your claim or file a reply within 14 days, you can get a default judgment against the defendant by asking for a default order or a default hearing date.
| | :Web: [http://justice.gov.bc.ca/FilingAssistant/ justice.gov.bc.ca/FilingAssistant] |
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| ==More information==
| | The '''BC Provincial Court''' website features information on Small Claims Court, as well as past court decisions. |
| *Check the []http://www.smallclaimsbc.ca/ small claims website] and the [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters provincial court website]. Also, the BC government has guides on [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/making-a-claim 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], and [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_results.htm getting results].
| | :Web: [http://www.provincialcourt.bc.ca/ provincialcourt.bc.ca] |
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| *Check the other Dial-A-Law scripts in this [http://cbabc.org/For-the-Public/Dial-A-Law/Scripts/Small-Claims-Court small claims court series].
| | The '''Small Claims BC Online Help Guide''', from Justice Education Society, provides step-by-step information on each stage of a small claims case. |
| | :Web: [http://www.smallclaimsbc.ca smallclaimsbc.ca] |
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| [updated August 2017] | | [updated August 2017] |
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| '''The above was last reviewed for accuracy by Anna Kurt and edited by John Blois.''' | | '''The above was last reviewed for legal accuracy by [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group.''' |
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