==How do you start an action in Small Claims Court?New process for small claims started June 1, 2017==FirstStarting June 1, 2017, you must complete a document known as a Notice of Claimthe government made [http://provincialcourt.bc. This document effectively begins the lawsuit once it is filed with the registry and delivered ca/enews/enews-20-03-2017 important changes to the opposing partysmall claims court]. You can complete Now, where you sue depends on the form a number of ways, includingamount you seek:*by going Claims up to $5,000 go to the Small Claims Court registry and asking for [https://civilresolutionbc.ca/how-the document, or -crt-works/getting-started/small-claims-solution-explorer/ Civil Resolution Tribunal]*by telephoning or writing to the Small Claims Court registry and asking them from $5,001 to send you a copy (the phone number $35,000 go to contact is 250.356.1478)small claims court—this script covers this topic*by downloading the form from the Ministry of Justice’s Small Claims Court website at over $35,000 go to [http://www.ag.gov.bc.ca/courts/small_claims/ www.ag.gov.bc.ca/courts/small_claimssupreme_court/BC supreme court]. *by completing the Notice of Claim and other Small Claims Court forms online at httpsMore information on these claims is also available on [http://justicewww.gov.bcsupremecourtbc.ca/FilingAssistant/ and then printing yourself a copy of civil the formsite for people who represent themselves] in supreme court.

In your Notice ==How do you sue in small claims court?==Fill out a document called a notice of Claimclaim, called Form 1. The notice starts the lawsuit once you must describe what happened leading file it with the court registry and deliver it to the lawsuit and where these events happenedperson you’re suing. State how much money you’re seekingYou can complete the notice in several ways, and any other remedies you are asking forincluding:*using the online [https://justice.gov.bc.ca/FilingAssistant/index.do;jsessionid=INTr4U2EBho-T3WXyhyIFEcE. An example of another remedy is an order 08878bd1-3cd1-3830-87f0-9372399e9d53 filing assistant]*downloading the notice from the Court that [http://www.smallclaimsbc.ca/court-forms court forms website]*going to the opposing party stop doing a particular activity at small claims court [http://www.smallclaimsbc.ca/court-locations registry] and asking for the heart of the claim. notice

You are called In the “claimant”. The person or company notice of claim, describe what caused you are suing is called the “defendant”. Be careful to name the defendant properlysue and where it happened. If it’s not done exactly rightSay how much money you’re seeking, and any other remedies you might not be able to get your money. Though Small Claims Court is less formal that Supreme Court, certain procedures must be followed closely for successwant.

==What if You can’t sue the defendant is a company?==If you’re suing a company, federal government in small claims court. And you must use the legal name of can’t sue for cases that company. To find the correct name of a companyinvolve things like defamation, you must obtain a company search from the Corporate Registryland, located at 940 Blanshard Street in Victoria. The mailing address is PO Box 9431residential tenancy, Station Provincial Governmentbankruptcy, Victoria BCestates, V8W 9V3and builders liens. Call the Corporate Registry at 250.387.5101 for Script [[What is Small Claims Court? (Script 165)|165]] has more detailson this. Your local government agent’s office or a private title search company can also conduct a company search. Also see So does the [http://www.bcregistryservices.govprovincialcourt.bc.ca/bcreg/corppgtypes-of-cases/index.page Corporate Registry’s small-claims-matters provincial court website] for conducting an online search through Corporate Online.

It is important that As the person who sues, you name are called the correct company when filling out a Notice of Claimclaimant. Also, be aware that some companies are subsidiaries of larger companies, The person or vice versa, and often these companies have similar names. It is vital that you name the exact company you were dealing with when the incident you are suing for occurred. Naming the incorrect company is no different in called the eyes of '''defendant'''. Be careful to name the defendant properly. If it’s not exactly right, you might not be able to get your money. Small claims court is less formal than naming the wrong personsupreme court, causing your Notice of Claim to be dismissedbut you must still follow certain procedures closely.

==Where do you file your Notice of ClaimWhat’s the time limit to sue?==You must “file” your Notice of Claim in The time limit to sue is called the proper Small Claims Court registry'''limitation period'''. To “file” For most claims, you have 2 years from the claim means to submit it day you [http://www.bclaws.ca/civix/document/id/complete/statreg/12013_01#section8 discovered] (knew, or reasonably ought to have known) all the court registry and enter following:*injury, loss or damage occurred*it in was caused at least partly by an act or omission*the court records. If the defendant is a company, you also need to file a copy act or omission was that of your company search. For information about the location of the proper person you’re suing*court registry for filing your claim, refer to script [[What is Small Claims Court? (Script 165)|165]] on “What is Small Claims Court?” You will also have the right place to pay seek a filing fee, which you may get back from the defendant if you win. remedy

==How do For example, you notify the defendant of took your claim?==The next step is to “serve” the Notice of Claim (along with a blank Reply form car for them to fill out) on repairs but when you got it back you see that the defendant. To “serve” a document means getting shop damaged it to the defendant. There are different ways to serve a defendantThe limitation period starts when you realized these things, depending on whether the defendant is a person, a company, or an unincorporated business or partnership. For example, if the defendant is a person, when you can serve them by personally giving the Notice of Claim reasonably ought to have realized them, having someone else give it to them, or sending it to them via registered mail. See the Script [[What is Small Claims Rules for the proper way to serve the defendant you are suingCourt? (Script 165)|165]] has more on limitation periods.

After ==If the defendant has been servedis a person==If you are suing a person, you must complete a Certificate use their full name on the notice of Service claim. Try to prove use their legal name that the defendant has been properly servedwould appear on their driver’s license. If they go by a different name, you can include it after their proper name by writing “also known as”. For example, if a person goes by both their maiden name and their married name, use “also known as”. Do not include a person’s title, such as Ms. or Dr.

==How long do you have to serve your Notice of Claim?If the defendant is a corporation, partnership, or unincorporated business==After you’ve filed your Notice of ClaimIf you’re suing a corporation, you have 12 months to serve it must use its legal name on the defendantnotice of claim. If your 12 months are just about upTo find the correct name of a corporation, you must get a company search from the [http://www.bcregistryservices.gov.bc.ca/bcreg/corppg/index.page Corporate Registry]. You can apply to the court to renew your Notice of Claim do an online search through [https://www.corporateonline.gov.bc.ca/ Corporate Online]. The Registry is at 940 Blanshard Street in Victoria and extend its mailing address is PO Box 9431, Station Provincial Government, Victoria, V8W 9V3. You can call the time allowed Registry at 250.387.5101 for serving the defendantmore details. (Once the 12 months have gone by, your Notice of Claims expires, but you The local government agent’s office or a private title search company can still apply to the court to try and renew italso do a company search.)

==When does You must get the company name right on the defendant notice of claim. Also, some companies are subsidiaries of larger companies, or vice versa, and often these companies have to respond to your claim?==After similar names. You must use the exact name of the company you were dealing with when the incident you are suing for occurred. If you sue the defendant has been servedwrong company, it’s 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 same as suing the wrong person, and your case (and your notice of province has 30 daysclaim) will be dismissed.

==How can the defendant respondWhere do you file your notice of claim?== There are several ways. The defendant may:*agree to pay all You must file your notice of your claim but not in the right awaysmall claims [http://www.smallclaimsbc.ca/court-locations court registry]. To file a claim, or*oppose all or part of submit it to the court registry. If the claimdefendant is a company, or *make you also need to file a copy of your company search. To figure out which court registry to file your claim against youwith, check script [[What is Small Claims Court? (Script 165)|165]], called “What is Small Claims Court?” You must also pay a Counterclaimfiling fee, which you may get back from the defendant if you win.

==How do Telling the defendant that you proceed if are suing—serving the defendant agrees to pay your notice of claim?==In this case, you can file a Payment Order. If you don’t agree with You '''serve''' the timing notice of when claim on the defendant agrees (along with a blank '''reply''' form, attached to paythe notice, for them to fill out). That means you can ask for a payment hearing after filing your Payment Order so must give it to the Court can set a Payment Scheduledefendant.

==What happens if How to serve a defendant, depends on whether the defendant opposes your claim?==The lives in BC. If the defendant may file a Reply disputing all or part lives in BC, you can serve the notice of your claim. The Small Claims Court registry will send (after you have filed it in court) by giving the defendant a copy of this Reply. Refer to script [[Being Sued in Small Claims Court it, and a blank reply form (Script 167)|167]] available from the registry and on “Being Sued in Small Claims Court” for more on what the defendant has to do[http://www.smallclaimsbc.ca/court-forms court forms website]).

Once a Notice of Claim has been filed with the registry and a Reply submitted by If the defendantlives outside of BC, but the registry usually sets a date for a 45-minute meeting called a “settlement conference” attended by a judge. The purpose of the settlement conference is to attempt event that led to resolve some or all of the issues between lawsuit happened in BC, you and can serve your notice by giving the defendant before going to triala copy of it. At this conferenceBut in any other case, you need permission of the judge will give their opinion court registrar before you can serve a notice of the caseclaim outside BC.

In Vancouver Robson Square registryHow to serve the notice also depends on whether the defendant is a person, a corporation, an unincorporated business, or a partnership. For example, to serve a:*a person over 18, you and can give them the defendant may notice of claim personally, have someone else give it to attend them, or send it to them by registered mail.*a free session of mediation before corporation, you send the notice to the settlement conferencecorporation’s registered office by registered mail. The Small Claims Rules determine whether mediation address of the registered office is mandatory or optional, depending shown on the type and amount of claim. If company search you must attend mediationdo.*a partnership, the mediator will try to help you and must serve one of the defendant to come to partners.*an agreement about some or all of unincorporated business, you must serve the disputed mattersowner.

If After you serve the issues aren’t fully resolved at the settlement conference or mediationnotice of claim, the matter will be set for trialyou must prove it by completing a '''certificate of service''' (Form 4).

Pursuant to Both the Provincial Small Claims Court Pilot, BC [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm Ministry of Justice] and the procedure is different for [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_00 small claims up rules] explain how to $5,000 (other than personal injury claims) filed in the Vancouver Robson Square serve documents and Richmond registriesprove you served them. These The small claims go straight to website has a simplified one[http://www.smallclaimsbc.ca/sites/default/files/pdf/serving-hour trial before an experienced lawyer who is a justice of the peace (also called an “adjudicator”)documents-checklist. There is no pre-trial settlement conference or mediation pdf checklist for serving documents], and all financial debt claims in these two registries, where the claimant is in Law Centre at the business University of lending moneyVictoria has a [http://thelawcentre.ca/self_help/small_claims_factsheets/fact_06 factsheet]. Also, go straight to a half-hour trialscript [[What is Small Claims Court? (Script 165)|165]] also has information on it.

==How long do you have to serve your notice of claim?==After you file the 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 12-month deadline. (After 12 months, your notice of claims expires, but you can still apply to the court to renew it.) ==How long does the defendant have to respond to your claim?==After a defendant is served, they have 14 days to file a reply if they live in BC. A defendant who does not live in BC has 30 days. The reply form is on the [http://www.smallclaimsbc.ca/court-forms court forms website]. ==How can the defendant respond?==The defendant may:*agree to pay all your claim, but not right away*oppose all or part of the claim*sue you, called a counterclaim ==What should if the defendant agrees to pay your claim?==You can file a '''payment order'''. But if you don’t agree with the time 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. ==What if the defendant opposes your claim?==The small claims court registry will send you a copy of the defendant’s reply. Script [[Being Sued in Small Claims Court (Script 167)|167]], called “Being Sued in Small Claims Court” explains what the defendant must do . '''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) both attend the conference. The judge will give their opinion of the case during the conference. '''Mediation'''—you may be able to use [http://www.smallclaimsbc.ca/settlement-options/mediation mediation] for claims between $10,000 and $35,000, instead of suing in court. A neutral third-party tries to help both sides settle the dispute. It’s often faster and cheaper than suing. Small claims [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_02#rule7.3 rule 7.3] deals with mediation. The mediation process is also explained on this BC government [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/mediation_between.htm website]. Mediation is an option in all locations, but it’s not always available. For example, it’s not available for cases that can be dealt with under [http://www.bclaws.ca/civix/document/id/complete/statreg/261_93_02#rule9.2 rule 9.2] (a summary trial for financial debt in Vancouver). Mediation is mandatory only if one party files a notice to mediate or the court orders the parties to use it. ==What if the defendant makes a Counterclaim counterclaim against you?==You must file File a Reply reply to the Counterclaim. You have counterclaim within 14 days after receiving the Counterclaim to file your Reply to it.

In some cases, the Yes. The defendant may contact you directly and offer to pay you or try to settle your claim in some way. If this happens, you’re free to come to whatever arrangement you likemay reach an agreement. If you’re happy with the defendant’s offerso, you don’t have to continue with your lawsuit and . Instead, you can file a Consent Order consent order or Payment Order that will payment order to end the actionit. You should put any agreement in writing and have both parties sign it. You may want to speak with a lawyer before you sign such an agreement.

If the defendant doesn’t file a Reply reply within the specified time limits limit or contact you to resolve the claim, you can file a form an application for '''default order''' (Form 5) asking the court for a Default Orderdefault order. File it at the registry where you notice of claim was filed, along with a copy of the certificate of service (Form 4). If the claim is for a debt, the Default Order default order may be made without you having to go even going to a hearing. However, But if the claim is not for an amount not relating to a debt, the Small Claims Court court registry must schedule a default hearing date so a judge can determine decide the exact amount you’re entitled you may get. ==Trial==If the case is not settled at the settlement conference or mediation, it will go to trial. Script [[Going to receiveTrial in Small Claims Court (Script 168)|168]] explains that topic. ==Simplified trial in Vancouver and Richmond==Under the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/pilot Small Claims Pilot], the procedure differs for claims between $5,001 and $10,000 in the Vancouver Robson Square and Richmond registries. These claims go straight to a [http://www.smallclaimsbc.ca/trial/simplified-trial simplified, one-hour trial] before an experienced lawyer who is a justice of the peace (called an adjudicator). There is no pre-trial settlement conference or mediation. Claims under $5001 can also go to a simplified trial if the Civil Resolution Tribunal cannot hear the case. But simplified trials are not used for personal injury claims or financial debt claims. ==Summary trial in Vancouver==Vancouver uses a [http://www.smallclaimsbc.ca/trial/summary-trial summary trial] for all financial debt claims (money loans and credit-card debt) between $5,001 and $35,000. These trials are usually fast: less than 30 minutes. They use less formal rules of procedure and evidence.

To sue a person or company in Small Claims Courtsmall claims court, you must file a Notice notice of Claim claim with the Small Claims Court court registry and serve the Notice notice of Claim claim on the person or company you wish to sueare suing. The defendant may then contact you and offer to pay your claim. If the defendant doesn’t, the The defendant has 14 days to file a Replyreply. After a Reply reply is filed, many Small Claims Court 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 before trial. Some registries have simplified trial procedures for really small smaller claims 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 reply within 14 days, you can get a default judgment against the defendant by asking for a Default Order default order or a default hearing date.  ==More information==*Check the []http://www.smallclaimsbc.ca/ small claims website] and the [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters provincial court website]. Also, the BC government has guides on [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/making-a-claim making a claim], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/reply.htm replying to a claim], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/serving.htm serving documents], [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_ready.htm getting ready for court], and [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_results.htm getting results]. *Check the other Dial-A-Law scripts in this [http://cbabc.org/For-the-Public/Dial-A-Law/Scripts/Small-Claims-Court small claims court series].