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

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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 4https://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)).
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)).

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