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{{Dial-A-Law Blurb}}
{{Dial-A-Law TOC|expanded = smallclaims}}
This script details being sued in small claims court.
==If you admit you owe the amount claimed==You can contact the claimant directly and offer to pay the claim. You may want must also pay the claimant’s expenses, such as the fees to file the claim and deliver the notice to you. You should get legal advice before a receipt and have the claimant sign a form called a notice of withdrawal, which you make any admissionscan 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.
==If you deny you owe the claimant acceptsamount claimed, or anything==If you will receive a Consent Order to sign, which will end admit the lawsuit. If the claimant doesn’t acceptclaim but disagree with part of it, fill out a reply and explain on it what parts you can ask for a payment hearing, or the claimant may summon disagree with and what parts you to a payment hearing where agree with. File it with the small claims court will set registry. You must pay a Payment Schedulefiling fee for the reply.
==If you deny dispute the whole claimand lose==If the case goes to trial and you lose, againyou will have to pay the amount of the judgment, complete a Reply, this time indicating why plus the claimant’s fees and costs for getting the court documents to you deny it. You do not need The judge can also order you to describe everything about your case, as you’ll get pay an additional 10% of the amount claimed if you file a reply and go to trial when you had no reasonable chance to present your case laterof winning. When replyingAlso, if you simply must list refused to settle the reasons why you deny claim (for an amount the claimant offered) and the claim. Evidence trial judgment is not submitted at this stagemore than or equal to the claimant’s offer, and you may have to pay a penalty of up to 20% of the Reply should be brief, factual, and specificoffer.
==What’s the risk if How long do you dispute the claim and losehave to file a reply?==If the case proceeds to trial and judgement is made against youlive in BC, you will have to pay 14 days after you receive the amount notice of the judgment, plus the claimant’s fees and costs for getting the court documents to youclaim. The judge can also order If you to pay an additional 10% live outside of the amount claimed if you file a Reply and go to trial when you had no reasonable chance of success. AlsoBC, if you refuse to resolve or “settle” the claim (for an amount offered by the claimant) and the trial judgment is more than or equal to the claimant’s offer, have 30 days after you may have to pay a penalty of up to 20% of the amount of receive the offernotice.
==How long do What if you have to ignore a claim or don’t file a Replyreply in time?==If The claimant can get a default order against you live in BC, you have 14 days after you receive without your having a chance to dispute their claim. The court will decide the case only on the facts and evidence from the Notice of Claimclaimant. If you live outside of BC, You can’t defend yourself or explain your side. And you may have 30 days after receiptto pay the claimant everything they ask for.
==What if you ignore a claim or don’t file a Reply in time?Other options==It is very important to file a Reply, and to do so on time. If you fail to do either, the claimant can get a Default Order against you without you having the opportunity to dispute their claim. This means that the court will evaluate the case exclusively on the facts and evidence given by the claimant, and award judgment based on this alone. You will have no opportunity to defend yourself, and you may have to pay the claimant everything they ask for.
[updated August 2017]
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