{{Dial-A-Law TOC|expanded = smallclaims}}=Do not ignore a notice of claim==If you receive a '''notice of claim''' from small claims court naming you as a '''defendant''', it means that someone is suing you. The person or company suing you is called the '''claimant'''. This script details being sued A notice of claim may be handed to you personally by the claimant or by another adult, or it can be sent to you by registered mail. If you’re hard to find, the court may order that you be notified in some other way, such as an ad in Small Claims Courtthe newspaper or a notice posted on your front door.

==Do not Once you receive the notice, don’t ignore a Notice it. You must respond to it—within 14 days of Claim==If you receive a Notice receiving the notice of Claim from Small Claims Court showing claim if you as a “defendant”, this means that someonelive in BC, including a person or companywithin 30 days if you live outside of BC. If you don’t, the claimant may win the lawsuit automatically. This is called the “claimant”a '''default judgment''', is suing youexplained below.

A Notice ==How do you reply to a notice of Claim may be handed claim?==There are several ways to you personally by the claimant or by any adult person, or it can be sent respond to you by registered mail. If you’re difficult to locate, the court may order that you be notified through an ad in the newspaper or a notice posted to the front door of your home addressclaim. Here are the main ones:

Whatever the case, *admit you cannot avoid owe the lawsuit simply by ignoring amount claimed in the Notice of Claim. You must respond to it—within 14 days of receiving notice*admit you owe the Notice of Claim if you live amount claimed in BCthe notice, or within 30 days if but say that you can’t pay it*deny you live outside of BC. If not, owe the claimant may win the lawsuit automatically, known as “default”, discussed in detail below. amount claimed but admit you owe a different amount*deny you owe anything

==How do you reply?==There are several ways to respond to a Notice of Claim, but the main ones are:#you agree you owe the amount set out in the claim#you admit you owe the amount set out in the claim, but state that you do not have enough money You may want to pay it off#get legal advice before you deny responsibility for all or part of the amount set out in the claimproceed.

==If you admit you owe the amount claimed==You can contact the claimant directly and offer to pay the claim. You may want must also pay the claimant’s expenses, such as the fees to file the claim and deliver the notice to you. You should get legal advice before a receipt and have the claimant sign a form called a notice of withdrawal, which you make any admissionscan get from the [http://www.smallclaimsbc.ca/court-forms small claims website] or from the small claims court [http://www.smallclaimsbc.ca/court-locations registry]. You should then take this form to the registry to end the lawsuit.

==What should Or, you do if you agree you owe and the claim?==claimant might reach some other agreement. If you agree you owe the amount claimed in the Notice of Claimso, you can contact the claimant directly may both sign a consent order and offer to pay file it with the claim. You must also pay the claimant’s expensessmall claims court registry, such as the fees to “file” or enter the claim in the court records and to deliver the documents to you. You should get a receipt and have the claimant sign may file a form called a Notice of Withdrawal, which you can obtain from payment order with the Small Claims Court registry. You should then take this form to If you follow the instructions in the registry to discontinue consent order or payment order, the court action against youlawsuit will end.

Alternatively, ==If you admit you and owe the claimant might reach some other satisfactory agreementamount, in which but can’t pay it==In this case , you may both sign a Consent Order and file it with should fill out the Small Claims Court registry, or '''reply''' form attached to the claimant may file notice of claim. If you didn’t get a Payment Order blank reply form with the notice of claim, you can get it [http://www.smallclaimsbc.ca/court-forms online]. Or you can get it from any small claims court [http://www.smallclaimsbc.ca/court-locations registry]. If you follow the instructions set out in On the Consent Order or Payment Orderreply, list the lawsuit amounts you can pay and when you will endpay.

==What should you do if you admit the claimThen, but don’t have enough money to pay it off?==If you admit the claim but are unable to pay its amount, you should fill out the Reply form attached to the Notice of Claim you received. If you didn’t get a blank Reply form file your reply with the Notice of Claim, you can go to any Small Claims Court small claims court registry to pick one up, or you can download shown on the form from the Ministry notice of Attorney General’s claim. The small claims website (the web address provided at the end of this script)lists [http://www.smallclaimsbc.ca/court-locations court registry addresses]. In The registry will send a copy to the space providedclaimant, list the amounts you who will decide whether to accept your proposed payment plan to pay and the dates you can make those payments.

AfterIf the claimant accepts your reply, file your Reply with the Small Claims Court registry shown on the Notice of Claim. The registry you will send receive a copy '''consent order''' to sign. It will end the lawsuit. If the claimantdoesn’t accept, you can ask for a payment hearing, who or the claimant may summon you to a payment hearing where the court will decide whether set a payment schedule. If you get a summons, you must go to accept your proposed payment planthe hearing.

==If you deny you owe the claimant acceptsamount claimed, or anything==If you will receive a Consent Order to sign, which will end admit the lawsuit. If the claimant doesn’t acceptclaim but disagree with part of it, fill out a reply and explain on it what parts you can ask for a payment hearing, or the claimant may summon disagree with and what parts you to a payment hearing where agree with. File it with the small claims court will set registry. You must pay a Payment Schedulefiling fee for the reply.

==What should you do if If you deny all or part of the claim?==If you admit the whole claim but disagree with part of what is claimed, indicate what you disagree with on the Reply formcomplete a reply, and again go saying why. You do not need to the Small Claims Court registry describe everything about your case, as you’ll get a chance to file present your Replycase later. Just list the reasons why you deny the claim. In Evidence is not submitted at this casestage, you’ll have to pay a filing fee for and the Replyreply should be brief, factual, and specific.

==If you deny dispute the whole claimand lose==If the case goes to trial and you lose, againyou will have to pay the amount of the judgment, complete a Reply, this time indicating why plus the claimant’s fees and costs for getting the court documents to you deny it. You do not need The judge can also order you to describe everything about your case, as you’ll get pay an additional 10% of the amount claimed if you file a reply and go to trial when you had no reasonable chance to present your case laterof winning. When replyingAlso, if you simply must list refused to settle the reasons why you deny claim (for an amount the claimant offered) and the claim. Evidence trial judgment is not submitted at this stagemore than or equal to the claimant’s offer, and you may have to pay a penalty of up to 20% of the Reply should be brief, factual, and specificoffer.

==What’s the risk if How long do you dispute the claim and losehave to file a reply?==If the case proceeds to trial and judgement is made against youlive in BC, you will have to pay 14 days after you receive the amount notice of the judgment, plus the claimant’s fees and costs for getting the court documents to youclaim. The judge can also order If you to pay an additional 10% live outside of the amount claimed if you file a Reply and go to trial when you had no reasonable chance of success. AlsoBC, if you refuse to resolve or “settle” the claim (for an amount offered by the claimant) and the trial judgment is more than or equal to the claimant’s offer, have 30 days after you may have to pay a penalty of up to 20% of the amount of receive the offernotice.

==How long do What if you have to ignore a claim or don’t file a Replyreply in time?==If The claimant can get a default order against you live in BC, you have 14 days after you receive without your having a chance to dispute their claim. The court will decide the case only on the facts and evidence from the Notice of Claimclaimant. If you live outside of BC, You can’t defend yourself or explain your side. And you may have 30 days after receiptto pay the claimant everything they ask for.

==What if you ignore a claim or don’t file a Reply in time?Other options==It is very important to file a Reply, and to do so on time. If you fail to do either, the claimant can get a Default Order against you without you having the opportunity to dispute their claim. This means that the court will evaluate the case exclusively on the facts and evidence given by the claimant, and award judgment based on this alone. You will have no opportunity to defend yourself, and you may have to pay the claimant everything they ask for.

==What other options do I have?==It may be the case that *If you have your own claim to be brought in the matter against the claimant. In this case, you can file a Counterclaim, '''counterclaim''' (part of the reply form) and the judge would later decide who was at fault.*Or, you may admit that you owe money, but believe the claimant also owes you money for some other reason. In this case, you can file a counterclaim claiming a '''set-off'''. A set-off involves using the money the claimant owes you to reduce the amount that you owe the claimant. *Or, you may think another person should pay all or part of the claim against you. If so, you can file a '''third-party notice''' (available on the [http://www.smallclaimsbc.ca/court-forms small claims website]) to bring that other person into the lawsuit.

Or, you may admit that you owe money, but believe the claimant also owes you money for some other reason. In this case, you can file a Counterclaim claiming a “set-off”. A set-off involves using the money the claimant owes All these options require you to reduce the amount that you owe the claimantpay another filing fee.

Or, ==If the lawsuit proceeds==After you may think another person should pay all file your reply (and maybe counterclaim or part third-party notice), the registry will send a copy of it to the claim against youclaimant, in which case and a third-party notice to any third parties you can file a Third Party Notice, bringing that other person into the lawsuitadded.

All For most claims, the registry will hold a '''settlement conference'''. The registry will tell you of these options require that the date and time for this meeting. The claimant, a judge, and you will attend. The goal of the settlement conference is to settle the case before going to trial. If the claim cannot be settled, it will go to pay an additional filing feetrial.

==What happens if You can try to resolve the claim any time before trial. If the lawsuit proceeds?==After you’ve filed your Reply (claim is over $10,000 and perhaps Counterclaim or Third Party Notice), you want the registry claimant to attend a [http://www.smallclaimsbc.ca/settlement-options/mediation mediation meeting] with you (where a neutral mediator will send a copy of the Reply and possible Counterclaim try to resolve the claimantdispute), and you can file a '''notice to mediate'''. You may also receive a Third Party Notice notice to any third parties you have addedattend a mediation session. Script [[What is Small Claims Court (Script 165)|165]] has more on mediation.

For most disputed claimsYou must attend the settlement conference or mediation. Otherwise, a “settlement conference” will payment order may be scheduledmade against you for the amount claimed. The registry will notify If you of the date and time for this meetingcannot attend, which is attended by you must notify the claimant, a judge, scheduler immediately and yourself. The purpose of the settlement conference is to try to resolve some seek an adjournment or all postponement of the issues between yourself and the claimant before going to trial. If the claim cannot be resolved, there will be a trialscheduled date.

You may also receive notification regarding ==The most important thing is to file a court “mediation” for the disputereply on time==If you get a notice of claim, where you must file a neutral mediator will attempt to resolve the disputereply within 14 days (if you live in BC).

You must attend ==More information==*Check the settlement conference or mediation[http://www. Failing 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 do so-guides/making-a-claim making a claim], you risk having [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/reply.htm replying to a payment order made against you for the full amount of the claim], [http://www. If you cannot attendag.gov.bc.ca/courts/small_claims/info/guides/serving.htm serving documents], you must notify [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_results.htm getting ready for court], and [http://www.ag.gov.bc.ca/courts/small_claims/info/guides/getting_results.htm getting results].*Check the scheduler immediately and seek an adjournment or postponement of other Dial-A-Law scripts in this [http://www.cbabc.org/For-the scheduled date-Public/Dial-A-Law/Scripts/Small-Claims-Court small claims court series].