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{{Template:Legal Help Guide TOC}}A lawsuit for loss or damages caused to another person or another person's property is known as a | {{Template:Legal Help Guide TOC}}A lawsuit for loss or damages caused to another person or another person's property is known as a ''civil claim''. If you are being sued in a civil claim, you will receive court papers: a ''Notice of Claim'' if you are being sued in ''Small Claims Court'' or a ''Notice of Civil Claim'' if you are being sued in ''BC Supreme Court''. Different forms are used in family disputes. | ||
Lawsuits in Small Claims Court are limited to claims of up to $25,000. There is no money limit to claims in BC Supreme Court. | Lawsuits in Small Claims Court are limited to claims of up to $25,000. There is no money limit to claims in BC Supreme Court. | ||
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=== First steps === | === First steps === | ||
If you receive a Small Claims Court Notice of Claim and you don't agree with it: | If you receive a Small Claims Court Notice of Claim and you don't agree with it: | ||
# Complete the [http://www.ag.gov.bc.ca/courts/forms/scl/scl002.pdf | #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 Reply 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 Reply 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. | ||
=== What happens next === | === What happens next === | ||
In Small Claims Court, you will receive a | 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. | ||
If the settlement conference doesn't resolve the case, you will be given a | 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 present your 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. | ||
}} | }} | ||
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If you receive a Supreme Court Notice of Civil Claim: | If you receive a Supreme Court Notice of Civil Claim: | ||
# Obtain and complete a [http://www.ag.gov.bc.ca/courts/forms/sup_civil/2.pdf | #Obtain and complete a [http://www.ag.gov.bc.ca/courts/forms/sup_civil/2.pdf Response to Civil Claim'] form. Supreme Court forms are available online through the Clicklaw website "[http://www.clicklaw.bc.ca/content/lawscases Laws, Cases & Rules]" page; click on "BC Supreme Court Civil Forms." You are looking for Form 2. | ||
# Drop off the Response to Civil Claim at (or fax or mail it to) the Supreme Court registry named on the Notice to Civil Claim, within 21 days of when you were served with the Notice of Civil Claim. It will cost $25 to file a Response to Civil Claim. | #Drop off the Response to Civil Claim at (or fax or mail it to) the Supreme Court registry named on the Notice to Civil Claim, within 21 days of when you were served with the Notice of Civil Claim. It will cost $25 to file a Response to Civil Claim. | ||
=== What happens next === | === What happens next === | ||
In Supreme Court, the process is more complex than in Small Claims Court. During the next stage of a Supreme Court proceeding, known as | In Supreme Court, the process is more complex than in Small Claims Court. During the next stage of a Supreme Court proceeding, known as ''discovery'', the parties exchange documents and may cross-examine each other outside of court. Finally, if the case is not resolved, it will proceed to ''trial''. | ||
In Supreme Court the parties are responsible for scheduling steps in the proceeding themselves, including examinations for discovery, pre-trial procedures such as a case management conference, as well as the trial. | In Supreme Court the parties are responsible for scheduling steps in the proceeding themselves, including examinations for discovery, pre-trial procedures such as a case management conference, as well as the trial. | ||
== Where to get help == | == Where to get help == | ||
See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are: | See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: | ||
* [[Small Claims Court]] website for information on Small Claims procedures and representing yourself in Small Claims Court. | *[[Small Claims Court]] website for information on Small Claims procedures and representing yourself in Small Claims Court. | ||
* [[Clicklaw]]'s "[http://j.mp/xq2RkE Court Forms & Guides]" page, which features a flow chart to find the court rules, forms and self-help guides needed when going to court. | *[[Clicklaw]]'s "[http://j.mp/xq2RkE Court Forms & Guides]" page, which features a flow chart to find the court rules, forms and self-help guides needed when going to court. | ||
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers]]. | *[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. | ||
* Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1102 I’m being sued in small claims court]" for further resources. | *Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1102 I’m being sued in small claims court]" for further resources. | ||
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. | Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. | ||
{{ | {{REVIEWED | reviewer = [[John Bilawich]], February 2013}} | ||
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