This script details being sued If a notice of claim names you as a defendant in small claims courta Small Claims Court lawsuit, learn what options you have, how to act on them, and what happens next.

==Do not ignore a notice of claimUnderstand your legal rights==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'''.

A ===If you receive 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 receive a '''notice of claim''' in some other way, such a Small Claims Court lawsuit naming you as an ad in the newspaper or a notice posted on your front doordefendant, it means someone is suing you.

Once you receive the A notice, don’t ignore it. You must respond of claim may be handed to it—within 14 days of receiving you personally by the notice of claim if party suing you live in BCor by another person, or within 30 days if it can be sent to you live outside of BCby registered mail. If you don’tyou’re hard to find, the claimant court may win order that you be notified in some other way, such as by a notice posted on your front door or an ad in the lawsuit automatically. This is called a '''default judgment''', explained belowlocal newspaper.

==How Once you receive the notice, '''don’t ignore it'''. If you do nothing, the other party can get a judgment against you reply to , just as if there had been a notice of claim?==There are several ways to respond to a notice of claimtrial. Here are the main ones:

*admit you owe the amount claimed in You must respond to the notice*admit of claim '''within 14 days'''. (If you owe the amount claimed in the noticelive outside BC, but say that you can’t pay it*deny have 30 days to respond.) You can respond by filing a '''reply''' with the court. We explain how shortly. Or you owe can contact the amount claimed but admit other party to make arrangements you owe a different amount*deny you owe anythingcan both live with and the other party can withdraw the claim.

===If you admit the claim===If you '''admit''' the claim, you can contact the other party directly and tell them. You may want can pay the amount claimed directly to get legal advice before you proceedthem.

==If Alternatively, you admit and the other party might make some arrangements you owe can both live with. For example, they may agree to accept a reduced amount, or a payment plan. If so, the amount claimed==You other party can contact file a '''consent order''' or a '''payment order''' with the claimant directly court, and offer to pay the claimlawsuit will end. (You must also pay the claimant’s their expenses, such as the fees to file the claim and deliver the notice to you. You should get a receipt and have the claimant sign a form called a notice of withdrawal, which you can 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.)

Or===If you admit the claim, but can’t pay it===If you admit the claim, but can’t pay the amount involved, you and should file a '''reply''' to the claim. A blank reply form should have been attached to the claimant might reach some other agreementnotice of claim. If so, you may both sign didn’t get a consent order and file it blank reply form with the notice, you can get it online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small -claims court registry, -forms gov.bc.ca/smallclaims] or the claimant may file a payment order with the from any [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations Small Claims Court registry]. If you follow On the instructions in the consent order or payment orderreply, list the lawsuit amounts you can pay and when you will endpay.

==If you admit you owe the amount, but can’t pay it==In this caseThen, you should fill out the '''file your reply''' form attached to with the notice of claim. If you didn’t get a blank reply form with Small Claims Court registry shown on 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]. On the reply, list the amounts you can pay and when you will You must paya filing fee.

Then, file your reply with the small claims court registry shown on the notice of claim. The small claims website lists [http://www.smallclaimsbc.ca/court-locations court registry addresses]. The registry will send a copy of your reply to the claimant, who other party. They will decide whether to accept your proposed payment plan.

If the claimant other party accepts your reply, you will receive a '''consent order''' to sign. It will end the lawsuit. If the claimant other party doesn’t accept, you (or they) can ask for a '''payment hearing''', or the claimant may summon you to a payment hearing where the court will set a payment schedule. If you get a summons, you must go to the hearing.

{| class="wikitable"|align=If you deny you owe "left"|'''Tip'''You must file the reply '''within 14 days''' of receiving the amount claimed, or anything==notice of claim. (If you admit the claim but disagree with part of itlive outside BC, fill out a reply and explain on it what parts you disagree with and what parts you agree with. File it with the small claims court registry. You must pay a filing fee for have 30 days to file the reply.) |}

===If you deny the whole claim, complete a or part of it===If you disagree with part of the claim, fill out the '''reply, saying why''' form. You do not need to describe everything about your case, as you’ll can get it online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims] if the notice of claim didn’t have a chance to present your case laterblank reply form attached. Just list Explain on the reasons why you deny reply form what parts of the claimyou disagree with and what parts you agree with. Evidence is not submitted at this stage, and File the reply should be brief, factual, and specificwith the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations Small Claims Court registry]. You must pay a filing fee.

==If you dispute deny the whole claim and lose==If the case goes to trial and you lose, you will have to pay fill out the amount of '''reply''' form. List the judgment, plus reasons why you deny the claimant’s fees and costs for getting the court documents to youclaim. The judge can also order you You do not need to pay an additional 10% of the amount claimed if you file describe everything in detail, as you’ll get a reply and go chance to trial when you had no reasonable chance of winningpresent your case later. AlsoEvidence is not submitted at this stage, if you refused to settle and the claim (for an amount the claimant offered) reply should be brief, factual and specific. File the trial judgment is more than or equal to reply with the claimant’s offer[https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations Small Claims Court registry], you may have to pay a penalty of up to 20% of together with the offerfiling fee.

==How long do =If you have to file a reply?ignore the claim===If you live in BC, you have 14 days after you receive the a notice of claim. If and do nothing, the other party can get a judgment against you live outside of BC, you have 30 days after you receive the noticejust as if there had been a trial. This is called a '''default order'''.

==What After the time for you to reply has passed (14 days if you ignore a live in BC), the other party can apply to court for the default order. If their claim or don’t file is for a reply in time?==The claimant can get debt, a default order against you may be made without your having a chance to dispute their hearing. If the claim. The is not for a debt, the court will decide the case only on schedule a '''default hearing''', where a judge decides the facts and evidence from the claimant. You can’t defend yourself or explain your side. And amount you may will have to pay the claimant everything they ask for.

==Other options=If you dispute the claim and lose===If the case goes to trial and you lose, you will have to pay the amount of the judgment, plus the other party’s fees and costs for getting the court documents to you.

*If The judge can also order you have your own claim against to pay an additional 10% of the claimant, amount claimed if you can file a '''counterclaim''' (part of the reply form) and the judge would later decide who was at faultgo to trial when you had no reasonable chance of winning.*Or, you may admit that you owe moneyAlso, but believe if the claimant also owes you money for some other reason. In this case, you can file a counterclaim claiming party makes a '''set-offsettlement offer'''. A set-off involves using the money the claimant owes you to reduce the amount that you owe refuse, and the claimant. *Ortrial judgment is more than or equal to their offer, you may think another person should have to pay all or part a penalty 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]) up to bring that other person into 20% of the lawsuitoffer.

All these options require ===If you have a claim of your own===If you have your own claim against the other party relating to the matters in dispute, you can file a '''counterclaim'''. There is space on the reply form for you to describe your counterclaim. If your case goes to pay another filing feetrial, the judge will decide on both the original claim and your counterclaim.

==If you admit the lawsuit proceeds==After claim, but believe the other party also owes you money for some other reason, you can file your reply (and maybe a counterclaim or thirdclaiming a '''set-party notice), off'''. A set-off involves using the registry will send a copy of it to money the claimant, and a third-other party notice owes you to any third parties reduce the amount you addedowe them.

For most claims, the registry will hold a '''settlement conference'''. The registry will tell you Each of the date and time for this meeting. The claimant, a judge, and these options require 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 trialpay another filing fee.

===If you think another party is responsible===You can try to resolve may think another person should pay all or part of the claim any time before trialagainst you. If the claim is over $10,000 and you want the claimant to attend a [http://www.smallclaimsbc.ca/settlement-options/mediation mediation meeting] with you (where a neutral mediator will try to resolve the dispute)so, you can file a '''third party notice to mediate'''to bring that other person into the lawsuit. You may also receive a can get the third party notice to attend a mediation sessionform online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc. Script ca/smallclaims] or from any [[What is https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations Small Claims Court? (Script 165)|165]registry] has more on mediation.

==The most important thing is to file a reply on time=If you admit the claim===If you pay the amount claimed to the other party, you should get a receipt. The other party can end the lawsuit by filing a '''notice of claimwithdrawal'''. Alternatively, if you must file a reply within 14 days and the other party make arrangements you can both live with (if such as you live in BCpaying a reduced amount or a payment plan), the other party may file a '''consent order''' or a '''payment order'''. You will get a copy of the order, which ends the lawsuit.

==More information==*Check the (These forms are available online at [httphttps://wwwwww2.gov.smallclaimsbcbc.ca/ small claims website] and the [http:gov/content/justice/www.provincialcourt.bc.cacourthouse-services/typesdocuments-offorms-records/court-casesforms/small-claims-matters provincial forms gov.bc.ca/smallclaims].)  ===If you file a reply=== If you file a reply, the court registry will send a copy of it to the other party. If you file a third party notice, the registry will send it to the third party you added. For most claims, the court websitewill schedule a '''settlement conference'''. The registry will tell you the date and time for the conference. You must attend. The judge will give their opinion of the case during the conference. If the claim cannot be settled, it will go to '''trial'''. You can try to resolve the claim any time before trial. If the claim is over $10,000, you or the other party can file a '''notice to mediate''', which will result in a '''mediation session'''. There, a neutral mediator will try to help you both come to an agreement on the issues. See our information on [[Going to Trial in Small Claims Court (Script 168)|going to trial in Small Claims Court (no. 168)]]for more on this option, as well as what happens at trial.  {| class="wikitable"|align="left"|'''Tip'''You must attend the settlement conference and any mediation session that is set. Otherwise, a '''payment order''' may be made against you for the amount claimed. If you cannot attend, notify the court immediately and seek an adjournment or postponement of the scheduled date.|} ==Get help== ===With your case===You do not need a lawyer to go to Small Claims Court. AlsoBut you'll probably better understand the process, as well as the strength of your case, if you get '''legal advice'''. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on [[Low Cost and Free Legal Services (Script 430)|free and low-cost legal help (no. 430)]]. ===More information===The '''BC government ''' website has how-to guides on Small Claims Court, including [httphttps://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/makingreplying-to-a-claim making replying to a claim], serving documents, and getting ready for court.:Web: [httphttps://www.agwww2.gov.bc.ca/courtsgov/small_claimscontent/infojustice/courthouse-services/small-claims/how-to-guidesgov.bc.ca/replysmallclaims] The BC government’s '''Small Claims Court Filing Assistant''' walks you through the steps of completing court forms.htm replying to a claim], :Web: [http://www.agjustice.gov.bc.ca/courtsFilingAssistant/small_claims/info/guides/serving.htm serving documents], [http://www.agjustice.gov.bc.ca/courts/small_claims/info/guides/getting_results.htm getting ready for courtFilingAssistant] The '''BC Provincial Court''' website features information on Small Claims Court, and as well as past court decisions.:Web: [http://www.ag.govprovincialcourt.bc.ca/courts/small_claims/info/guides/getting_resultsprovincialcourt.bc.htm getting resultsca].*Check the other DialThe '''Small Claims BC Online Help Guide''', from Justice Education Society, provides step-Aby-Law scripts in this step information on each stage of a small claims case.:Web: [http://www.cbabcsmallclaimsbc.org/For-the-Public/Dial-A-Law/Scripts/Small-Claims-Court small claims court seriesca smallclaimsbc.ca].

'''The above was last reviewed for legal accuracy by [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt and edited by John Blois], Ganapathi Law Group.'''