7,388
edits
Difference between revisions of "I Am Being Sued — What Should I Expect?"
From Clicklaw Wikibooks
I Am Being Sued — What Should I Expect? (view source)
Revision as of 00:11, 23 December 2015
, 00:11, 23 December 2015→Small Claims Court
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
||
| Line 8: | Line 8: | ||
#Complete the [http://www.ag.gov.bc.ca/courts/forms/scl/scl002.pdf Reply] that should have been served on you with the Notice of Claim. In your <span class="noglossary">Reply</span>, say why you don't agree with the claim. If you don't get a blank <span class="noglossary">Reply</span> with the Notice of Claim, you can get one at any Provincial Court registry. Small Claims forms are also available online from the [http://www.ag.gov.bc.ca/courts/small_claims/info/forms.htm Ministry of Justice website]. | #Complete the [http://www.ag.gov.bc.ca/courts/forms/scl/scl002.pdf Reply] that should have been served on you with the Notice of Claim. In your <span class="noglossary">Reply</span>, say why you don't agree with the claim. If you don't get a blank <span class="noglossary">Reply</span> with the Notice of Claim, you can get one at any Provincial Court registry. Small Claims forms are also available online from the [http://www.ag.gov.bc.ca/courts/small_claims/info/forms.htm Ministry of Justice website]. | ||
#Drop off the <span class="noglossary">Reply</span> or mail it to the Small Claims registry named on the Notice of Claim within 14 days of receiving the Notice of Claim. The cost for filing a <span class="noglossary">Reply</span> is $26 for a claim of up to $3,000 and $50 for a claim over $3,000. | #Drop off the <span class="noglossary">Reply</span> or mail it to the Small Claims registry named on the Notice of Claim within 14 days of receiving the Notice of Claim. The cost for filing a <span class="noglossary">Reply</span> is $26 for a claim of up to $3,000 and $50 for a claim over $3,000. | ||
#The Reply form also has a section for making a <noglossary>counterclaim</noglossary> against the | #The Reply form also has a section for making a <noglossary>counterclaim</noglossary> against the claimant. To make a <noglossary>counterclaim</noglossary> you must also have a claim against the claimant suing you. Filing a <noglossary>counterclaim</noglossary> costs extra. It costs $100 to make a <noglossary>counterclaim</noglossary> for $3,000 or less, and $156 for a <noglossary>counterclaim</noglossary> over $3,000. | ||
=== What happens next === | === What happens next === | ||
In Small Claims Court, you will receive a Notice of Settlement Conference. A Settlement Conference is an opportunity for you and the claimant to meet with a judge to see if you can agree to resolve the claim. The judge at a settlement conference is only there to help the parties agree on a settlement. He or she cannot impose an agreement on parties who are not able to reach agreement. | In Small Claims Court, you will receive a Notice of Settlement Conference. A Settlement Conference is an opportunity for you and the claimant to meet with a judge to see if you can agree to resolve the claim. The judge at a settlement conference is only there to help the parties agree on a settlement. He or she cannot impose an agreement on parties who are not able to reach agreement. | ||
If the settlement conference doesn't resolve the case, you will be given a Notice of Trial. At | If the settlement conference doesn't resolve the case, you will be given a Notice of Trial. At trial, the claimant will present his or her case, and you will be given a chance to question the claimant and their witnesses and to present your own case. The trial judge will then decide who wins. | ||
{{Tipsbox | {{Tipsbox | ||
| width = 80% | | width = 80% | ||
| tips = Small Claims Court now offers '' | | tips = Small Claims Court now offers ''mediation'' of many kinds of cases. If yours is one of these cases, a trained independent person will meet with you and the other parties in your case to see if you can agree on a way of resolving it. Ask someone at the court registry where you file your documents if there could be mediation in your case. | ||
}} | }} | ||
