Difference between revisions of "Responding to a Small Claim (20:VI)"

{{REVIEWED LSLAP | date= August 13, 2020}}

If a party is responding to a claim over $5,000, proceed to Section VI.B.: Possible Strategies.

A respondent who receives a Dispute Notice must within 14 days of receiving it (or if notice was provided outside British Columbia within 30 days) complete a Dispute Response Form, provide the Dispute Response Form to the tribunal and pay the required fee (See [[Appendix I: Civil Resolution Tribunal Fees|Civil_Resolution_Tribunal_Fees_(20:App_I)]]). CRT forms can be accessed on their website at:  

However, if a respondent requires more time to respond, they can request an extension from the tribunal before the deadline to respond.  

For more information on Counterclaims or adding Third Parties through the CRT see Section VI.B.: Possible Strategies, below.

=== 2. Apologising ===

Many lawsuits arise or continue because a wrongdoer has not apologised to the party who was wronged. The ''Apology Act'', SBC 2006, c 19, 2(1) and (2), allows a person to apologise for a wrongful act or failure to act without the apology becoming an admission of liability. A sincere apology can often avert litigation or form an important foundation for a settlement.  

If a defendant pays the entire amount of the claim directly to the claimant (''Small Claims Rules'', BC Reg 261/93, Rule 3(1)(a)), the defendant need not file a Reply. The defendant should retain a receipt as proof of payment and request that the claimant withdraw the claim. Only the claimant may withdraw a claim and, if a withdrawal is filed, all parties who were served with the Notice of Claim must be served with a copy of the withdrawal.  

When considering this option, a defendant should be aware of other possible problems aside from the lawsuit. For example, if the claimant has placed derogatory information on the defendant’s credit file, the defendant should ask the claimant to remove this negative information as part of the settlement. If the claimant is unwilling to remove the information, the defendant may still settle the claim but may find it difficult or impossible to remove the information from the credit file. The process for removing incorrect information from a person’s credit file is outside the scope of this guide.  

If the entire claim is admitted but the defendant requires time to pay or only part of a claim is admitted (''Small Claims Rules, supra'', Rule 3(1)(b) or (c)), the defendant must file a reply form but may also propose a payment schedule for what is admitted. The payment schedule must detail how the amount will be paid back. The Registrar can order the proposed payment schedule if the claimant consents to it (''Small Claims Rules, supra'', Rule 11(10)(b)). If the claimant does not consent to the proposal or no payment schedule is proposed, the claimant may summon the defendant to a payment hearing (See [[Enforcement_of_a_Small_Claims_Judgment_(20:XVI) | Section XVI: Enforcing a Judgment]]).  

A defendant who opposes all or part of the claim (''Small Claims Rules, supra'', Rule 3(1)(d)) must file a Reply form detailing what is admitted, what is opposed, or what is outside the defendant’s knowledge. The reply should list reasons for any parts that are opposed. A defendant should avoid a general denial of the entire claim; a detailed examination of each element of the claim and why the defendant thinks it is wrong is much more persuasive.  

Before deciding to oppose a claim, a defendant should ensure that there is a legal defence to the claim. A penalty can apply if a defendant proceeds through trial with a Reply that is bound to fail (''Small Claims Rules, supra'', Rule 20(5)).