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)

Revision as of 00:10, 16 March 2017

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== First steps ==
== First steps ==
#Decide whether you want to sue in Small Claims Court or BC Supreme Court. Ensure you are within the limitation period for doing so.
#Decide whether you want to sue in Small Claims Court or BC Supreme Court. Ensure you are within the limitation period for doing so.
#:{{Tipsbox
#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?id=6A62E40762A844B0B3CB048E6E7E0990 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.
#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.
 
{{Tipsbox
| width = 100%
| width = 100%
| tips = '''Choosing the correct court'''
| tips = '''Choosing the correct court'''
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* partial legal costs usually awarded to successful party (again, could be an incentive or a disincentive),  
* partial legal costs usually awarded to successful party (again, could be an incentive or a disincentive),  
* many procedural steps, a lawyer is not necessary but is desirable, and  
* many procedural steps, a lawyer is not necessary but is desirable, and  
* timely and costly.}}
* timely and costly.
#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?id=6A62E40762A844B0B3CB048E6E7E0990 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.
 
#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.


{{Tipsbox
{{Tipsbox
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