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Difference between revisions of "Responding to a Small Claim (20:VI)"
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Responding to a Small Claim (20:VI) (view source)
Revision as of 23:25, 31 July 2017
, 23:25, 31 July 2017no edit summary
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=== 5. Counterclaim === | === 5. Counterclaim === | ||
Whether or not a defendant agrees or disagrees with all or a part of the claim, the defendant can counterclaim (Rule 4(1)). A defendant who wishes to counterclaim should review | Whether or not a defendant agrees or disagrees with all or a part of the claim, the defendant can counterclaim (Rule 4(1)). A defendant who wishes to counterclaim should review Section III: Do You Have a Claim? and Section IV: Choosing the Proper Forum. A counterclaim is essentially a notice of claim but on a different form. A counterclaim must have a legal basis; there are penalties for proceeding to trial if there is no reasonable basis for success (Rule 20(5)). | ||
Although a defendant can start a separate claim either in Small Claims Court or another forum instead of counterclaiming, if the parties and witnesses are the same and the claim falls within the Small Claims Court jurisdiction, it is preferable that the defendant file a counterclaim so that both matters are heard together. If the defendant has commenced an action in a different forum, this should be mentioned in the Reply. | Although a defendant can start a separate claim either in Small Claims Court or another forum instead of counterclaiming, if the parties and witnesses are the same and the claim falls within the Small Claims Court jurisdiction, it is preferable that the defendant file a counterclaim so that both matters are heard together. If the defendant has commenced an action in a different forum, this should be mentioned in the Reply. | ||
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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 third party the cardholder who actually spent the money giving 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 third party the cardholder who actually spent the money giving rise to the debt. | ||
A defendant who wishes to issue a third party notice should review | A defendant who wishes to issue a third party notice should review Section III. Do You Have A Claim? and Section IV. Choosing The Proper Forum. “ A third party claim is essentially a notice of claim but on 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 ==== | ||