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Difference between revisions of "I Need to Take Someone to Court — What's the Process?"
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I Need to Take Someone to Court — What's the Process? (view source)
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== First steps == | == First steps == | ||
#Decide whether you want to sue in Small Claims Court or BC Supreme Court. Ensure you are within the limitation period for doing so. | #Decide whether you want to sue in Small Claims Court or BC Supreme Court. Ensure you are within the limitation period for doing so. | ||
#Complete a Small Claims Court [http://www.ag.gov.bc.ca/courts/forms/scl/scl001.pdf Notice of Claim] or Supreme Court [http://www.ag.gov.bc.ca/courts/forms/sup_civil/1.pdf Notice of Civil Claim]. Small Claims forms are available online from the [http:// | #Complete a Small Claims Court [http://www.ag.gov.bc.ca/courts/forms/scl/scl001.pdf Notice of Claim] or Supreme Court [http://www.ag.gov.bc.ca/courts/forms/sup_civil/1.pdf Notice of Civil Claim]. Small Claims forms are available online from the [http://www.ag.gov.bc.ca/courts/small_claims/info/forms.htm Ministry of Justice website]. Supreme Court forms can be accessed through the "[http://www.clicklaw.bc.ca/content/lawscases Laws, Cases & Rules]" page on Clicklaw; click on "BC Supreme Court Civil Forms". Include the important facts related to your claim. | ||
#Take the documents to the appropriate court registry, file them (there is a fee) and have them stamped. | #Take the documents to the appropriate court registry, file them (there is a fee) and have them stamped. | ||
#Serve a copy of the documents on the defendant. The usual way is to get a friend or a "process server" to give the documents to the defendant in person. The court registry can tell you about other ways you can serve documents. | #Serve a copy of the documents on the defendant. The usual way is to get a friend or a "process server" to give the documents to the defendant in person. The court registry can tell you about other ways you can serve documents. | ||
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See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are: | See the [[Resource List for Legal Help for British Columbians|Resource List]] for a list of helpful resources. Your best bets are: | ||
* [[Small Claims Court]] website for information on small claims procedures and representing yourself in Small Claims Court. | * [[Small Claims Court]] website for information on small claims procedures and representing yourself in Small Claims Court. | ||
* [[Clicklaw]]'s "[http:// | * [[Clicklaw]]'s "[http://www.clicklaw.bc.ca/content/forms Court Forms & Guides]" page, which features a flow chart to find the court rules, forms and self-help guides needed when going to court. | ||
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. | * [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. | ||
