Difference between revisions of "Suing Someone in Small Claims Court"

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{{REVIEWEDPLS | reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group|date= August 2017}} {{Dial-A-Law TOC|expanded = courts}}
To sue in Small Claims Court, you file a “notice of claim” in court, and then let the party you’re suing know about it. Learn the steps in the process.


==How do you start an action in Small Claims Court?==
==What you should know==


You must complete a Notice of Claim. You can complete the form a number of ways:
===What claims you can bring in Small Claims Court===
*You can get the form by going to the Small Claims Court registry and asking for one, or you can telephone or write and ask them to send you one. The main phone number is 250.356.1478.
Whether you can sue in Small Claims Court depends on the dollar value of the claim and its subject.
*You can download the form from the Ministry of Attorney General’s Small Claims Court website at [http://www.ag.gov.bc.ca/courts/small_claims/ www.ag.gov.bc.ca/courts/small_claims/].
*You can complete this and other Small Claims Court forms online at [https://eservice.ag.gov.bc.ca/FilingAssistant/ https://eservice.ag.gov.bc.ca/FilingAssistant/] and then print the form.


In your Notice of Claim, you must describe what happened leading to the lawsuit and where it happened, and state how much money you’re seeking or what other remedy you’re asking for.
====The dollar amount====
Small Claims Court generally deals with '''claims for $5,000 to $35,000'''.


You are called the “claimant.” The person or company you are suing is called the “defendant.” Be careful to name the defendant properly. If it’s not done exactly right, you might not be able to get your money.
Claims for up to $5,000 must usually be taken to the online [https://civilresolutionbc.ca/ Civil Resolution Tribunal]. However, Small Claims Court may deal with claims under $5,000 in certain circumstances, such as where the tribunal considers the case to be too complex.


==What if the defendant is a company?==
Claims for more than $35,000 generally go to the [http://www.courts.gov.bc.ca/supreme_court/index.aspx BC Supreme Court]. You can make a claim for more than $35,000 in Small Claims Court, but if you do you must abandon the amount over $35,000.
If you’re suing a company, you must use the legal name of that company. To find the correct name of a company, you have to obtain a company search from the Corporate Registry, located at 940 Blanshard Street in Victoria. The mailing address is PO Box 9431, Station Provincial Government, Victoria, BC, V8W 9V3. Phone the Corporate Registry at 250.387.5101 for more details. Your local government agent’s office or a private title search company can also conduct a company search. Also see the Corporate Registry’s website at [http://www.bcregistryservices.gov.bc.ca/bcreg/corppg/index.page www.bcregistryservices.gov.bc.ca/bcreg/corppg/index.page] for conducting an online search through Corporate Online.


==Where do you file your Notice of Claim?==
====The subject====
You must “file” your Notice of Claim in the proper Small Claims Court registry. To “file” the claim means to submit it to the court registry and enter it in the court records. If the defendant is a company, you also need to file a copy of your company search. For information about the location of the proper court registry for filing your claim, refer to script [[What is Small Claims Court? (Script 165)|165]] on “What is Small Claims Court?” You also have to pay a filing fee, which you’ll get back from the defendant if you win.
Claims brought in Small Claims Court must involve:


==How do you notify the defendant of your claim?==
* debt or damages,
The next step is to “serve” the Notice of Claim (and blank Reply form) on the defendant. To “serve” a document means getting it to the defendant. There are different ways to serve a defendant, depending on whether the defendant is a person, a company or an unincorporated business or partnership. For example, if the defendant is a person, you can serve them by personally giving the Notice of Claim to them, having someone else give it to them, or sending it to them by registered mail. See the Small Claims Rules for the proper way to serve the defendant you are suing.
* recovery of personal property, or
* agreements about services or personal property.


After the defendant has been served, you must complete a Certificate of Service to prove that the defendant has been properly served.
Small Claims Court does '''not''' have the power to deal with several types of claims, including claims to do with an interest in land, defamation, wills and estates, and lawsuits against the federal government.


==How long do you have to serve your Notice of Claim?==
For more on where certain types of claims can and can’t be brought, see our information on [[Starting a Lawsuit|starting a lawsuit]].
After you’ve filed your Notice of Claim, you have 12 months to serve it on the defendant. If your 12 months are just about up, you can apply to the court to renew your Notice of Claim and extend the time allowed for serving the defendant. (Once the 12 months have gone by, your Notice of Claims expires, but you can still apply to the court to try and renew it.)


==When does the defendant have to respond to your claim?==
{| class="wikitable"
After the defendant has been served, the defendant must file a Reply. The defendant has 14 days to file a Reply if they live in BC. A defendant who is out of province has 30 days.
|align="left"|'''Tip'''
Have a claim arising out of a '''motor vehicle accident'''? For most vehicle accidents, the claim must be brought to the [https://civilresolutionbc.ca/solution-explorer/vehicle-accidents/ Civil Resolution Tribunal].
|}


==How can the defendant respond?==  
===There’s a time limit to sue===
There are several ways. The defendant may:
The [http://canlii.ca/t/8qx3 law in BC] creates a time window to bring a legal action. For most claims, that window (or '''limitation period''') is '''two years'''. Once two years have passed after a claim is “discovered," it’s too late to start a lawsuit.


*agree to pay all of your claim but not right away, or
The claim is said to be '''discovered''' on the first day you knew, or reasonably ought to have known, all the following:
*oppose all or part of the claim, or
*make a claim against you, called a Counterclaim.


==How do you proceed if the defendant agrees to pay your claim?==
* an injury, loss or damage occurred,
In this case, you can file a Payment Order. If you don’t agree with the timing of when the defendant agrees to pay, you can ask for a payment hearing after filing your Payment Order so the court can set a Payment Schedule.
* it was caused at least partly by an act or '''omission''' (something neglected or left undone),
* the act or omission was that of the person you’re suing, and
* a court proceeding would be an appropriate way to seek a remedy.


==What happens if the defendant opposes your claim?==
For example, let’s say you buy a new high performance bicycle. Three months after you get it, the front brakes fail, and you’re in a serious crash. An expert you hire determines the brakes were faulty. The limitation period starts on the day you discovered the brakes were faulty and realized (or reasonably ought to have realized) it was the bike maker that was responsible for the damage.
The defendant may file a Reply disputing all or part of your claim. The Small Claims Court registry will send you a copy. Refer to script [[Being Sued in Small Claims Court (Script 167)|167]] on "Being Sued in Small Claims Court" for more on what the defendant has to do.


The registry then usually sets a date for a 45-minute meeting called a “settlement conference,” which a judge also attends. The purpose of the settlement conference is to try to resolve some or all of the issues between you and the defendant before going to trial. The judge will give their opinion of the case.
For more on limitation periods, see our information on [[Starting a Lawsuit|starting a lawsuit]].


In some registries – namely, Surrey, North Vancouver, Victoria, Nanaimo and Vancouver Robson Square – you and the defendant may have to attend a free session of mediation before the settlement conference. (The Small Claims Rules tell you whether mediation is mandatory or optional, depending on the type and amount of claim.) The mediator will try to help you and the defendant to come to an agreement about some or all of the disputed matters.
==The steps in the process==


If the issues aren’t fully resolved at the settlement conference or mediation, then the matter will be set for trial.
===Step 1. Prepare the notice of claim===
A lawsuit in Small Claims Court begins with a '''notice of claim'''. You must complete the notice form, file it with the court registry, and deliver it to the party you’re suing.


The procedure is different for very small claims up to $5,000 (other than personal injury claims) filed in the Vancouver Robson Square and Richmond registries. These claims go straight to a simplified one-hour trial before an experienced lawyer who is a justice of the peace (also called an “adjudicator”). There is no pre-trial settlement conference or mediation. And all financial debt claims in these two registries, where the claimant is in the business of lending money, go straight to a half-hour trial.
You can complete the notice of claim by:


==What should you do if the defendant makes a Counterclaim against you?==
* using the court’s online [https://justice.gov.bc.ca/FilingAssistant/index.do;jsessionid=INTr4U2EBho-T3WXyhyIFEcE.08878bd1-3cd1-3830-87f0-9372399e9d53 Filing Assistant], which walks you through the steps of completing the form,
You must file a Reply to the Counterclaim. If you live in BC, you have 14 days after getting the Counterclaim to file your Reply to it.
* downloading the notice of claim form (Form 1) from the BC government website at [http://gov.bc.ca/smallclaims gov.bc.ca/smallclaims], or
* going to a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations Small Claims Court registry] and asking for the notice form.


==Can the defendant offer to resolve the claim directly with you?==
In the notice of claim, briefly describe what happened that led to your claim. You don’t need to tell everything about your case. Later, at a settlement conference or trial, you will have an opportunity to fully explain your side of the story.
In some cases, the defendant may contact you directly and offer to pay you or try to settle your claim in some way. If that happens, you’re free to come to whatever arrangement you like. If you’re happy with the defendant’s offer, you don’t have to continue with your lawsuit. You can file a Consent Order or Payment Order, and that ends the action.


==What happens if the defendant doesn’t respond in time?==
Say how much money you’re seeking. If you’re asking for something besides money (for example, the recovery of property), write that down and include a dollar value.
If the defendant doesn’t file a Reply within the specified time limits or contact you to resolve the claim, you can file a form asking the court for a Default Order. If the claim is for a debt, the Default Order may be made without you having to go to a hearing. But if the claim isn’t for a debt, the Small Claims Court registry must schedule a default hearing date so a judge can determine the amount you’re entitled to get.


==Summary==
As the person who is suing, you are called the '''claimant'''. The person or company you are suing is called the '''defendant'''.
To sue someone in Small Claims Court, you must file a Notice of Claim and serve it on them. The defendant may then contact you and offer to pay your claim. If the defendant doesn’t, the defendant has 14 days to file a Reply. After a Reply is filed, many Small Claims Court registries set a date for a settlement conference (and in some cases, mediation) to see if your claim can be resolved without going to trial. Some registries have simplified trial procedures for really small and certain financial claims, where you go straight to a short trial. If the defendant doesn’t respond to your claim or file a Reply within 14 days, you can get a default judgment against the defendant by asking for a Default Order or a default hearing date.


==Where can you get more information?==
Take care in naming the defendant. If you name the wrong party, your claim will be dismissed. Make sure to use the defendant’s proper name. If you’re suing a company, you can get the company’s '''legal name''' by doing a '''company search''' with [https://www2.gov.bc.ca/gov/content/employment-business/business/managing-a-business/permits-licences/businesses-incorporated-companies/searches-certificates BC Registries]. You can call them at 1-877-526-1526 or visit a [https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/citizens-services/servicebc Service BC location] for more information. (Note you will need a copy of the company search when you go to file your notice of claim.)
*Most of the instructions you need are on the forms found at the Small Claims Court registry or on the Small Claims Court website, which is [http://www.ag.gov.bc.ca/courts/small_claims/ www.ag.gov.bc.ca/courts/small_claims/].
*If you have any questions, talk to the Small Claims Court staff or read over one of the Small Claims Court booklets available at the registry, at your local public library, and on the Small Claims Court website.
*Also see the other Dial-A-Law scripts in this Small Claims Court series.


===Step 2. File the notice of claim in court===
You must '''file the notice of claim''' in the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations Small Claims Court registry]. You have a choice of which registry to file in. You can file the notice in the registry nearest to where the person you are suing lives or carries on business, or in the registry nearest to where the events you’re suing about took place.


[updated November 2013]
For example, say you want to sue a person for injuries you suffered when they punched you at a nightclub. The incident took place at a nightclub in Vancouver. The person lives in Surrey. You can file the notice of claim in either the Vancouver or Surrey court registry.


There is a filing fee, which you may get back from the defendant if you win.


----
If the defendant is a company, you also need to file a copy of your company search.
----


===Step 3. Serve the notice on the defendant===
You must '''serve''' the notice of claim on the defendant. “Serving” means delivering the notice to them. You must also include a blank reply form for them to fill out. You can get the blank reply form (Form 2) at [http://gov.bc.ca/smallclaims gov.bc.ca/smallclaims].


If the defendant is a person aged 19 or over, you can serve them by '''personal service''' or '''registered mail'''. To serve a document personally, you or someone acting on your behalf can simply hand the document to the defendant. If the person refuses to take it, you can drop it on the floor at their feet.
If the defendant is a company, you can send the notice by registered mail or personally deliver it to the company’s '''registered office'''. The address of the registered office is shown on the company search you had to submit with your notice of claim.
After you serve the notice of claim, you must prove it by completing a '''certificate of service''' (in Form 4).
The BC government website has a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/serving-documents guide on serving documents] that provides more detail, such as options if you can’t find the defendant to serve them or they live out of province.
===Step 4. Wait for a reply=== 
After a defendant is served, they have '''14 days''' to respond. (A defendant who does not live in BC has 30 days to respond.) The defendant responds by filing a '''reply'''.
In their reply, the defendant may:
* agree to pay all your claim, but not right away
* oppose all or part of the claim
* sue you back, by making a '''counterclaim'''
The court will send a copy of the reply to you, as the claimant. In most cases, the court will set a date for a '''settlement conference'''.
{| class="wikitable"
|align="left"|'''Tip'''
If the defendant agrees to pay your claim, you can file a '''consent order''' or a '''payment order'''. The forms are available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]. If the defendant agrees to pay but you can’t agree on a timeframe, you can ask for a '''payment hearing''', where the court can set a payment schedule.
|}
===Step 5. Attend the settlement conference===
Once the defendant files a reply, the registry usually sets a date for a 45 minute meeting called a '''settlement conference''' with a judge. The purpose is to try to settle the case before a trial. You and the defendant (and your lawyers, if you have them) attend the conference. The judge will give their opinion of the case during the conference.
If you and the defendant do not settle the case, it will go to '''trial'''. See our information on [[Small Claims Court|going to trial in Small Claims Court]].
==Common questions==
===How long do I have to serve the notice of claim?===
After you file the notice of claim, you have one year to serve it on the defendant. After that time, your notice of claim will expire. If you wanted to continue after that time, you could apply for a renewal.
===What happens if the defendant doesn’t respond in time?===
If the defendant doesn’t file a reply within the time limit or contact you to resolve the claim, you can file an '''application for default order''' (in Form 5). File it at the registry where you filed the notice of claim, along with a copy of the certificate of service (in Form 4).
If the claim is for a debt, a '''default order''' may be made without you even going to a hearing. If the claim is not for a debt, the court registry must schedule a '''default hearing''' date so a judge can decide the amount you may get.
===The defendant offered to pay the claim directly to me. Can I accept it?===
Yes. After receiving your notice of claim, the defendant may contact you directly and offer to pay the claim or try to settle the case in some way. You are free to make whatever arrangements you want at any time. Just because you have filed a notice of claim with the court does not mean you must continue with the lawsuit.
If you are satisfied with what the defendant offers, you can withdraw your claim by filing a '''notice of withdrawal''' with the court. This form is available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]. You should put any agreement in writing and have both parties sign it.
If the defendant offers payments, you can prepare a '''consent order''' or a '''payment order'''. File the order at the court registry where you filed the notice of claim. The order [[Getting Your Judgment Paid|can be enforced]] if payment stops.
==Who can help==
===With your case===
You do not need a lawyer to go to Small Claims Court. But you'll probably better understand the process, as well as the strength of your case, if you get '''legal advice'''. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on [[Free and Low-Cost Legal Help|free and low-cost legal help]].
===More information===
The '''BC government''' website has how-to guides on Small Claims Court, including [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/making-a-claim making a claim], replying to a claim, serving documents, getting ready for court, and getting results.
* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides Visit website]
The BC government’s '''Small Claims Court Filing Assistant''' walks you through the steps of completing court forms.
* [http://justice.gov.bc.ca/FilingAssistant/ Visit website]
The '''BC Provincial Court''' website features information on Small Claims Court, as well as past court decisions.
* [http://www.provincialcourt.bc.ca/ Visit website]
The '''Small Claims BC Online Help Guide''', from Justice Education Society, provides step-by-step information on each stage of a small claims case.
* [http://www.smallclaimsbc.ca/ Visit website]
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Latest revision as of 20:15, 26 September 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Anna Kurt, Ganapathi Law Group in August 2017.
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To sue in Small Claims Court, you file a “notice of claim” in court, and then let the party you’re suing know about it. Learn the steps in the process.

What you should know

What claims you can bring in Small Claims Court

Whether you can sue in Small Claims Court depends on the dollar value of the claim and its subject.

The dollar amount

Small Claims Court generally deals with claims for $5,000 to $35,000.

Claims for up to $5,000 must usually be taken to the online Civil Resolution Tribunal. However, Small Claims Court may deal with claims under $5,000 in certain circumstances, such as where the tribunal considers the case to be too complex.

Claims for more than $35,000 generally go to the BC Supreme Court. You can make a claim for more than $35,000 in Small Claims Court, but if you do you must abandon the amount over $35,000.

The subject

Claims brought in Small Claims Court must involve:

  • debt or damages,
  • recovery of personal property, or
  • agreements about services or personal property.

Small Claims Court does not have the power to deal with several types of claims, including claims to do with an interest in land, defamation, wills and estates, and lawsuits against the federal government.

For more on where certain types of claims can and can’t be brought, see our information on starting a lawsuit.

Tip

Have a claim arising out of a motor vehicle accident? For most vehicle accidents, the claim must be brought to the Civil Resolution Tribunal.

There’s a time limit to sue

The law in BC creates a time window to bring a legal action. For most claims, that window (or limitation period) is two years. Once two years have passed after a claim is “discovered," it’s too late to start a lawsuit.

The claim is said to be discovered on the first day you knew, or reasonably ought to have known, all the following:

  • an injury, loss or damage occurred,
  • it was caused at least partly by an act or omission (something neglected or left undone),
  • the act or omission was that of the person you’re suing, and
  • a court proceeding would be an appropriate way to seek a remedy.

For example, let’s say you buy a new high performance bicycle. Three months after you get it, the front brakes fail, and you’re in a serious crash. An expert you hire determines the brakes were faulty. The limitation period starts on the day you discovered the brakes were faulty and realized (or reasonably ought to have realized) it was the bike maker that was responsible for the damage.

For more on limitation periods, see our information on starting a lawsuit.

The steps in the process

Step 1. Prepare the notice of claim

A lawsuit in Small Claims Court begins with a notice of claim. You must complete the notice form, file it with the court registry, and deliver it to the party you’re suing.

You can complete the notice of claim by:

In the notice of claim, briefly describe what happened that led to your claim. You don’t need to tell everything about your case. Later, at a settlement conference or trial, you will have an opportunity to fully explain your side of the story.

Say how much money you’re seeking. If you’re asking for something besides money (for example, the recovery of property), write that down and include a dollar value.

As the person who is suing, you are called the claimant. The person or company you are suing is called the defendant.

Take care in naming the defendant. If you name the wrong party, your claim will be dismissed. Make sure to use the defendant’s proper name. If you’re suing a company, you can get the company’s legal name by doing a company search with BC Registries. You can call them at 1-877-526-1526 or visit a Service BC location for more information. (Note you will need a copy of the company search when you go to file your notice of claim.)

Step 2. File the notice of claim in court

You must file the notice of claim in the Small Claims Court registry. You have a choice of which registry to file in. You can file the notice in the registry nearest to where the person you are suing lives or carries on business, or in the registry nearest to where the events you’re suing about took place.

For example, say you want to sue a person for injuries you suffered when they punched you at a nightclub. The incident took place at a nightclub in Vancouver. The person lives in Surrey. You can file the notice of claim in either the Vancouver or Surrey court registry.

There is a filing fee, which you may get back from the defendant if you win.

If the defendant is a company, you also need to file a copy of your company search.

Step 3. Serve the notice on the defendant

You must serve the notice of claim on the defendant. “Serving” means delivering the notice to them. You must also include a blank reply form for them to fill out. You can get the blank reply form (Form 2) at gov.bc.ca/smallclaims.

If the defendant is a person aged 19 or over, you can serve them by personal service or registered mail. To serve a document personally, you or someone acting on your behalf can simply hand the document to the defendant. If the person refuses to take it, you can drop it on the floor at their feet.

If the defendant is a company, you can send the notice by registered mail or personally deliver it to the company’s registered office. The address of the registered office is shown on the company search you had to submit with your notice of claim.

After you serve the notice of claim, you must prove it by completing a certificate of service (in Form 4).

The BC government website has a guide on serving documents that provides more detail, such as options if you can’t find the defendant to serve them or they live out of province.

Step 4. Wait for a reply

After a defendant is served, they have 14 days to respond. (A defendant who does not live in BC has 30 days to respond.) The defendant responds by filing a reply.

In their reply, the defendant may:

  • agree to pay all your claim, but not right away
  • oppose all or part of the claim
  • sue you back, by making a counterclaim

The court will send a copy of the reply to you, as the claimant. In most cases, the court will set a date for a settlement conference.

Tip

If the defendant agrees to pay your claim, you can file a consent order or a payment order. The forms are available online at gov.bc.ca/smallclaims. If the defendant agrees to pay but you can’t agree on a timeframe, you can ask for a payment hearing, where the court can set a payment schedule.

Step 5. Attend the settlement conference

Once the defendant files a reply, the registry usually sets a date for a 45 minute meeting called a settlement conference with a judge. The purpose is to try to settle the case before a trial. You and the defendant (and your lawyers, if you have them) attend the conference. The judge will give their opinion of the case during the conference.

If you and the defendant do not settle the case, it will go to trial. See our information on going to trial in Small Claims Court.

Common questions

How long do I have to serve the notice of claim?

After you file the notice of claim, you have one year to serve it on the defendant. After that time, your notice of claim will expire. If you wanted to continue after that time, you could apply for a renewal.

What happens if the defendant doesn’t respond in time?

If the defendant doesn’t file a reply within the time limit or contact you to resolve the claim, you can file an application for default order (in Form 5). File it at the registry where you filed the notice of claim, along with a copy of the certificate of service (in Form 4).

If the claim is for a debt, a default order may be made without you even going to a hearing. If the claim is not for a debt, the court registry must schedule a default hearing date so a judge can decide the amount you may get.

The defendant offered to pay the claim directly to me. Can I accept it?

Yes. After receiving your notice of claim, the defendant may contact you directly and offer to pay the claim or try to settle the case in some way. You are free to make whatever arrangements you want at any time. Just because you have filed a notice of claim with the court does not mean you must continue with the lawsuit.

If you are satisfied with what the defendant offers, you can withdraw your claim by filing a notice of withdrawal with the court. This form is available online at gov.bc.ca/smallclaims. You should put any agreement in writing and have both parties sign it.

If the defendant offers payments, you can prepare a consent order or a payment order. File the order at the court registry where you filed the notice of claim. The order can be enforced if payment stops.

Who can help

With your case

You do not need a lawyer to go to Small Claims Court. But you'll probably better understand the process, as well as the strength of your case, if you get legal advice. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on free and low-cost legal help.

More information

The BC government website has how-to guides on Small Claims Court, including making a claim, replying to a claim, serving documents, getting ready for court, and getting results.

The BC government’s Small Claims Court Filing Assistant walks you through the steps of completing court forms.

The BC Provincial Court website features information on Small Claims Court, as well as past court decisions.

The Small Claims BC Online Help Guide, from Justice Education Society, provides step-by-step information on each stage of a small claims case.

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