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Difference between revisions of "I Am Being Sued — What Should I Expect?"
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I Am Being Sued — What Should I Expect? (view source)
Revision as of 07:10, 25 April 2017
, 07:10, 25 April 2017Added a draft section dealing with CRT process
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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 ''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 the Provincial Court's 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. | {{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 the Provincial Court's 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, however on June 1, 2017 this | Lawsuits in Small Claims Court are currently limited to claims of up to $25,000, however, on June 1, 2017 this limit will increase to $35,000. Another important change is that as of June 1, 2017, with just a few exceptions, civil claims up to $5,000 will no longer be dealt with in Small Claims Court. Instead claims up to $5,000 will be resolved in BC’s new online [http://www.clicklaw.bc.ca/resource/4300 Civil Resolution Tribunal]. | ||
There is no money limit to claims in BC Supreme Court. | There is no money limit to claims in BC Supreme Court. | ||
== Civil Resolution Tribunal == | |||
=== First steps === | |||
On or after June 1, 2017, if you receive a CRT Dispute Notice and you don't agree with it: | |||
#Complete a Dispute Response Form [https://www.civilresolutionbc.ca/forms/] that should have been provided with the Dispute Notice. This can be done by filling out either a paper copy or the online form which is free. In your Dispute Response, say why you don't agree with the claim(s). If you don't get a blank Dispute Response Form with the Dispute Notice, you can get one from the Civil Resolution Tribunal. Forms are also accessible online from the [https://www.civilresolutionbc.ca/] CRT website. | |||
#Provide the Dispute Response form to the Tribunal and all other parties within the time limit specified on the Dispute Response. There is a cost for filing a hard copy Dispute Response of $25 or if you file online there is no charge. | |||
#You can add your own claims or add another person to the dispute by filling out an Additional Claim Form. It costs $150 to file a paper form or $125 to file online. | |||
=== What happens next === | |||
For the Civil Resolution Tribunal, you will first go through an online process called Facilitation with the help of a Facilitator, who will try to mediate the dispute. If that does not resolve the dispute, you will next go to the Tribunal. Information about these processes is available on the [https://www.civilresolutionbc.ca/] CRT website. | |||
== Small Claims Court == | == Small Claims Court == | ||
=== 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: | ||
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=== First steps === | === First steps === | ||
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 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 "[http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-civil-forms BC Supreme Court Civil Forms]." You are looking for Form 2. | #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 "[http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-civil-forms BC Supreme Court Civil Forms]." You are looking for Form 2. | ||