Responding to a Small Claim (20:VI): Difference between revisions
From Clicklaw Wikibooks
Responding to a Small Claim (20:VI) (view source)
Revision as of 22:38, 22 November 2022
, 22 November 2022→7. Third Party
| Line 76: | Line 76: | ||
A third-party claim is different from a claim against the incorrect defendant. A third party claim is made when a defendant believes that a third party should reimburse them if they are found to be liable to the claimant. For example, if a defendant is sued for a credit card debt, the defendant may request that the third-party, the cardholder who actually spent the money, gives rise to the debt. | A third-party claim is different from a claim against the incorrect defendant. A third party claim is made when a defendant believes that a third party should reimburse them if they are found to be liable to the claimant. For example, if a defendant is sued for a credit card debt, the defendant may request that the third-party, the cardholder who actually spent the money, gives rise to the debt. | ||
A defendant who wishes to issue a third party notice should review '''Section III. Do You Have A Claim?''' and | A defendant who wishes to issue a third party notice should review '''Section III. Do You Have A Claim?''' and [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)|Section IV. Choosing The Proper Forum]]. A third-party claim is essentially a Notice of Claim but in a different form. A third party claim must have a legal basis and there are penalties for proceeding to trial if there is no reasonable basis for success. | ||
==== a) Filing and Service ==== | ==== a) Filing and Service ==== | ||
