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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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#Decide whether you want to sue in the Civil Resolution Tribunal (on or after June 1, 2017), Small Claims Court or BC Supreme Court. Ensure you are within the limitation period for doing so. | #Decide whether you want to sue in the Civil Resolution Tribunal (on or after June 1, 2017), Small Claims Court or BC Supreme Court. Ensure you are within the limitation period for doing so. | ||
#Complete a [https://www.civilresolutionbc.ca/forms/ Civil Resolution Tribunal Dispute Application Form] and submit the appropriate fee, namely $150 for the paper form or $125 online form. The Tribunal will issue a Dispute Notice which you will have to provide to other parties with a blank Dispute Response. | #Complete a [https://www.civilresolutionbc.ca/forms/ Civil Resolution Tribunal Dispute Application Form] and submit the appropriate fee, namely $150 for the paper form or $125 online form. The Tribunal will issue a Dispute Notice which you will have to provide to other parties with a blank Dispute Response. | ||
#Complete a Small Claims Court [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl001.pdf Notice of Claim] or Supreme Court [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/supreme-civil/1.pdf Notice of Civil Claim]. Small Claims forms are available online from the [http://www2.gov.bc.ca/gov/content | #Complete a Small Claims Court [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl001.pdf Notice of Claim] or Supreme Court [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/supreme-civil/1.pdf Notice of Civil Claim]. Small Claims forms are available online from the [http://http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms 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. | ||
