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I Am Being Sued — What Should I Expect? (view source)
Revision as of 11:31, 19 July 2018
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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 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 | 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 == | == Civil Resolution Tribunal == | ||
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#Complete the [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl002.pdf Reply] that should have been served on you with the Notice of Claim. In your Reply, say why you don't agree with the claim. If you don't get a blank Reply with the Notice of Claim, you can get one at any Provincial Court registry. Small Claims forms are also available online from the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms Ministry of Justice website]. | #Complete the [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl002.pdf Reply] that should have been served on you with the Notice of Claim. In your Reply, say why you don't agree with the claim. If you don't get a blank Reply with the Notice of Claim, you can get one at any Provincial Court registry. Small Claims forms are also available online from the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms 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. There is a 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 Reply or mail it to the Small Claims registry named on the Notice of Claim within 14 days of receiving the Notice of Claim. There is a cost for filing a Reply is $26 for a claim of up to $3,000 and $50 for a claim over $3,000. | ||
#The Reply form also has a section for making a | #The Reply form also has a section for making a counterclaim against the claimant. To make a counterclaim you must also have a claim against the claimant suing you. Filing a counterclaim costs extra. It costs $100 to make a counterclaim for $3,000 or less, and $156 for a counterclaim over $3,000. | ||
=== What happens next === | === What happens next === | ||
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#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. | ||
#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. | ||
#If you have a claim to make against the person suing you (and others), you can file a | #If you have a claim to make against the person suing you (and others), you can file a Counterclaim form. This must be done in the same time for filing your Response to Civil Claim. The Counterclaim form is also available [http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm online]. You are looking for Form 3. | ||
=== What happens next === | === What happens next === | ||
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*[[Clicklaw]]'s "[http://www.clicklaw.bc.ca/content/forms 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://www.clicklaw.bc.ca/content/forms 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|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 | *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. | ||