Responding to a Small Claim (20:VI): Difference between revisions
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Responding to a Small Claim (20:VI) (view source)
Revision as of 01:22, 12 January 2022
, 12 January 2022→a) Filing and Service
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==== a) Filing and Service ==== | ==== a) Filing and Service ==== | ||
To start a third-party claim, the defendant must complete Form 3 and file it in the same registry where the Notice of Claim was filed (''SCR'', Rule 5(2)). The defendant must serve the third party with a copy of the filed Form 3, a blank Reply form, a copy of the Notice of Claim, a copy of the Reply to the Notice of Claim, and all of the documents and notices the other party would have received (''SCR'', Rule 5(3)); all of these documents are to be served in the same manner as serving a Notice of Claim (SCR, Rule 5(4)). A defendant has only 30 days after filing to serve the third party and file a certificate of service at the registry (''SCR'', Rule 5(5)); find Form | To start a third-party claim, the defendant must complete Form 3 and file it in the same registry where the Notice of Claim was filed (''SCR'', Rule 5(2)). The defendant must serve the third party with a copy of the filed Form 3, a blank Reply form, a copy of the Notice of Claim, a copy of the Reply to the Notice of Claim, and all of the documents and notices the other party would have received (''SCR'', Rule 5(3)); all of these documents are to be served in the same manner as serving a Notice of Claim (SCR, Rule 5(4)). A defendant has only 30 days after filing to serve the third party and file a certificate of service at the registry (''SCR'', Rule 5(5)); find Form 4 at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. If the third party is not served and the certificate of service is not filed within '''30 days''', the third party notice expires but can be renewed (''SCR'', Rule 5(5.1)). | ||
The registry will serve the claimant with the third party notice within 21 days of its being filed (''SCR'', Rule 5(6)). | The registry will serve the claimant with the third party notice within 21 days of its being filed (''SCR'', Rule 5(6)). |