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Difference between revisions of "Suing Someone in Small Claims Court"
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Suing Someone in Small Claims Court (view source)
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To sue in Small Claims Court, you file a “notice of claim” in court, and then let the party you’re suing know about it. Learn the steps in the process. | To sue in Small Claims Court, you file a “notice of claim” in court, and then let the party you’re suing know about it. Learn the steps in the process. | ||
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Small Claims Court does '''not''' have the power to deal with several types of claims, including claims to do with an interest in land, defamation, wills and estates, and lawsuits against the federal government. | Small Claims Court does '''not''' have the power to deal with several types of claims, including claims to do with an interest in land, defamation, wills and estates, and lawsuits against the federal government. | ||
For more on where certain types of claims can and can’t be brought, see our information on [[ | For more on where certain types of claims can and can’t be brought, see our information on [[Starting a Lawsuit (No. 165)|starting a lawsuit (no. 165)]]. | ||
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For example, let’s say you buy a new high performance bicycle. Three months after you get it, the front brakes fail, and you’re in a serious crash. An expert you hire determines the brakes were faulty. The limitation period starts on the day you discovered the brakes were faulty and realized (or reasonably ought to have realized) it was the bike maker that was responsible for the damage. | For example, let’s say you buy a new high performance bicycle. Three months after you get it, the front brakes fail, and you’re in a serious crash. An expert you hire determines the brakes were faulty. The limitation period starts on the day you discovered the brakes were faulty and realized (or reasonably ought to have realized) it was the bike maker that was responsible for the damage. | ||
For more on limitation periods, see our information on [[ | For more on limitation periods, see our information on [[Starting a Lawsuit (No. 165)|starting a lawsuit (no. 165)]]. | ||
==The steps in the process== | ==The steps in the process== | ||
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Once the defendant files a reply, the registry usually sets a date for a 45 minute meeting called a '''settlement conference''' with a judge. The purpose is to try to settle the case before a trial. You and the defendant (and your lawyers, if you have them) attend the conference. The judge will give their opinion of the case during the conference. | Once the defendant files a reply, the registry usually sets a date for a 45 minute meeting called a '''settlement conference''' with a judge. The purpose is to try to settle the case before a trial. You and the defendant (and your lawyers, if you have them) attend the conference. The judge will give their opinion of the case during the conference. | ||
If you and the defendant do not settle the case, it will go to '''trial'''. See our information on [[Going to Trial in Small Claims Court ( | If you and the defendant do not settle the case, it will go to '''trial'''. See our information on [[Going to Trial in Small Claims Court (No. 168)|going to trial in Small Claims Court (no. 168)]]. | ||
==Common questions== | ==Common questions== | ||
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If you are satisfied with what the defendant offers, you can withdraw your claim by filing a '''notice of withdrawal''' with the court. This form is available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]. You should put any agreement in writing and have both parties sign it. | If you are satisfied with what the defendant offers, you can withdraw your claim by filing a '''notice of withdrawal''' with the court. This form is available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]. You should put any agreement in writing and have both parties sign it. | ||
If the defendant offers payments, you can prepare a '''consent order''' or a '''payment order'''. File the order at the court registry where you filed the notice of claim. The order [[Getting Your Judgment Paid ( | If the defendant offers payments, you can prepare a '''consent order''' or a '''payment order'''. File the order at the court registry where you filed the notice of claim. The order [[Getting Your Judgment Paid (No. 169)|can be enforced]] if payment stops. | ||
==Get help== | ==Get help== | ||
===With your case=== | ===With your case=== | ||
You do not need a lawyer to go to Small Claims Court. But 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 | You do not need a lawyer to go to Small Claims Court. But 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 [[Free and Low-Cost Legal Help (No. 430)|free and low-cost legal help (no. 430)]]. | ||
===More information=== | ===More information=== | ||
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:Web: [http://www.smallclaimsbc.ca smallclaimsbc.ca] | :Web: [http://www.smallclaimsbc.ca smallclaimsbc.ca] | ||
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