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Difference between revisions of "Starting a Small Claim (20:V)"
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Starting a Small Claim (20:V) (view source)
Revision as of 01:11, 14 August 2020
, 01:11, 14 August 2020→3. “What Happened?”
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*the dates, places, and details of amounts, services, or practices involved. | *the dates, places, and details of amounts, services, or practices involved. | ||
Claimants will usually be bound by the facts in the pleadings. If the facts or legal basis need to be changed, the claimant may be able to amend the Notice of Claim (Small Claims Rules, BC Reg 261/93, Rule 8). | Claimants will usually be bound by the facts in the pleadings. If the facts or legal basis need to be changed, the claimant may be able to amend the Notice of Claim (''Small Claims Rules'', BC Reg 261/93, Rule 8). | ||
When there is more than one defendant, the claimant should make it clear whether their liability is joint, several, or joint and several. This distinction affects enforcement of a judgment and any subsequent actions arising out of the same cause. Liability stated as joint and several is more inclusive. | When there is more than one defendant, the claimant should make it clear whether their liability is joint, several, or joint and several. This distinction affects enforcement of a judgment and any subsequent actions arising out of the same cause. Liability stated as joint and several is more inclusive. | ||
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Where liability is several, the claimant can sue any or all of the defendants however each defendant is obligated to repay only their own portion of the debt. | Where liability is several, the claimant can sue any or all of the defendants however each defendant is obligated to repay only their own portion of the debt. | ||
Where liability is joint and several, the claimant may sue any or all of the defendants and may recover the full amount from any or all of the defendants. The debtors can then litigate among themselves to apportion the debt between them. | Where liability is joint and several, the claimant may sue any or all of the defendants and may recover the full amount from any or all of the defendants. The debtors can then litigate among themselves to apportion the debt between them. | ||
=== 4. “Where?” === | === 4. “Where?” === | ||