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{{Dial-A-Law TOC|expanded = smallclaims}}
==New process for small claims started June 1, 2017Understand your legal rights==Starting June 1, 2017, the government made [http://provincialcourt.bc.ca/enews/enews-20-03-2017 important changes to small claims court]. Now, where you sue depends on the amount you seek:*Claims up to $5,000 go to the [https://civilresolutionbc.ca/how-the-crt-works/getting-started/small-claims-solution-explorer/ Civil Resolution Tribunal]*Claims from $5,001 to $35,000 go to small claims court—this script covers this topic*Claims over $35,000 go to [http://www.courts.gov.bc.ca/supreme_court/ BC supreme court]. More information on these claims is also available on [http://www.supremecourtbc.ca/civil the site for people who represent themselves] in supreme court.
==How do =What claims you sue can bring in small claims court?Small Claims Court===Fill out a document called a '''notice of claim''', called Form 1. The notice starts the lawsuit once Whether you file it with the court registry and deliver it to the person you’re suing. You can complete the notice sue in several ways, including:*using Small Claims Court depends on the online [https://justice.gov.bc.ca/FilingAssistant/index.do;jsessionid=INTr4U2EBho-T3WXyhyIFEcE.08878bd1-3cd1-3830-87f0-9372399e9d53 filing assistant]*downloading dollar value of the notice from the [http://wwwclaim and its subject.smallclaimsbc.ca/court-forms court forms website]*going to the small claims court [http://www.smallclaimsbc.ca/court-locations registry] and asking for the notice
==What’s the time limit to sue?==The subject====The time limit to sue is called the '''limitation period'''. For most claims, you have 2 years from the day you [http://www.bclaws.ca/civix/document/id/complete/statreg/12013_01#section8 discovered] (knew, or reasonably ought to have known) all the followingClaims brought in Small Claims Court must involve:*injurydebt or damages, loss or damage occurred*it was caused at least partly by an act recovery of personal property, or omission*the act agreements about services or omission was that of the person you’re suing*court is the right place to seek a remedypersonal property.
{| class="wikitable"|align=If the defendant is a person=="left"|'''Tip'''If you are suing Have a person, you must use their full name on the notice claim arising out of claim. Try to use their legal name that would appear on their driver’s license. If they go by a different name, you can include it '''motor vehicle accident'''? For accidents taking place in BC after their proper name by writing “also known as”. For exampleApril 1, if a person goes by both their maiden name and their married name2019, use “also known as”. Do not include a person’s titleinjury claims up to $50, such as Ms000 must be brought to the [https://civilresolutionbc. or Drca/ Civil Resolution Tribunal].|}
==If the defendant is =There’s a corporation, partnership, or unincorporated businesstime limit to sue===If you’re suing a corporation, you must use its legal name on the notice of claim. To find the correct name of a corporation, you must get a company search from the The [http://www.bcregistryservices.gov.bccanlii.ca/bcregt/corppg/index.page Corporate Registry8qx3 law in BC]creates a time window to bring a legal action. You can do an online search through [https://wwwFor most claims, that window (or “'''limitation period'''”) is '''two years'''.corporateonline.gov.bc.ca/ Corporate Online]. The Registry is at 940 Blanshard Street in Victoria and its mailing address Once two years have passed after a claim is PO Box 9431“discovered”, Station Provincial Government, Victoria, V8W 9V3. You can call the Registry at 250.387.5101 for more details. The local government agent’s office or a private title search company can also do it’s too late to start a company searchlawsuit.
==How =Step 2. File the notice of claim in court===You must '''file the notice of claim''' in the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations Small Claims Court registry]. You have a choice of which registry to file in. You can file the notice in the registry nearest to where the person you are suing lives or carries on business, or in the registry nearest to where the events you’re suing about took place. For example, say you want to sue a person for injuries you suffered when they punched you at a nightclub. The incident took place at a nightclub in Vancouver. The person lives in Surrey. You can file the notice of claim in either the Vancouver or Surrey court registry. There is a filing fee, which you may get back from the defendant respond?if you win. If the defendant is a company, you also need to file a copy of your company search. ===Step 3. Serve the notice on the defendant=== You must '''serve''' the notice of claim on the defendant. “Serving” means delivering the notice to them. You must also include a blank reply form for them to fill out. You can get the blank reply form (Form 2) at [http://gov.bc.ca/smallclaims gov.bc.ca/smallclaims]. If the defendant is a person aged 19 or over, you can serve them by '''personal service''' or '''registered mail'''. To serve a document personally, you or someone acting on your behalf can simply hand the document to the defendant. If the person refuses to take it, you can drop it on the floor at their feet. If the defendant is a company, you can send the notice by registered mail or personally deliver it to the company’s '''registered office'''. The address of the registered office is shown on the company search you had to submit with your notice of claim. After you serve the notice of claim, you must prove it by completing a '''certificate of service''' (in Form 4). The BC government website has a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/serving-documents guide on serving documents] that provides more detail, such as options if you can’t find the defendant to serve them or they live out of province. ===Step 4. Wait for a reply=== After a defendant is served, they have '''14 days''' to respond. (A defendant who does not live in BC has 30 days to respond.) The defendant responds by filing a '''reply'''. In their reply, the defendant may:
*agree to pay all your claim, but not right away
*oppose all or part of the claim
*sue youback, called by making a '''counterclaim''' The court will send a copy of the reply to you, as the claimant. In most cases, the court will set a date for a '''settlement conference'''. {| class="wikitable"|align="left"|'''Tip'''If the defendant agrees to pay your claim, you can file a '''consent order''' or a '''payment order'''. The forms are available online at [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms gov.bc.ca/smallclaims]. If the defendant agrees to pay but you can’t agree on a timeframe, you can ask for a '''payment hearing''', where the court can set a payment schedule.|}
==What if =Step 5. Attend the defendant agrees to pay your claim?settlement conference===You can file Once the defendant files a reply, the registry usually sets a date for a 45 minute meeting called a '''payment ordersettlement conference'''with a judge. But if you don’t agree with The purpose is to try to settle the time when case before a trial. You and the defendant agrees to pay(and your lawyers, if you can ask for a payment hearing after filing your payment order so have them) attend the conference. The judge will give their opinion of the case during the court can set a payment scheduleconference.
==What if =The defendant offered to pay the defendant makes a counterclaim against youclaim directly to me. Can I accept it?===File Yes. After receiving your notice of claim, the defendant may contact you directly and offer to pay the claim or try to settle the case in some way. You are free to make whatever arrangements you want at any time. Just because you have filed a reply to notice of claim with the court does not mean you must continue with the counterclaim within 14 days after receiving itlawsuit.
==TrialGet help==If the case is not settled at the settlement conference or mediation, it will go to trial. Script [[Going to Trial in Small Claims Court (Script 168)|168]] explains that topic.
==Simplified trial in Vancouver and Richmond=With your case===Under the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/pilot You do not need a lawyer to go to Small Claims Pilot]Court. But you'll probably better understand the process, as well as the procedure differs for claims between $5strength of your case,001 and $10if you get '''legal advice'''. If you have limited means,000 in the Vancouver Robson Square and Richmond registries. These claims go straight you might be able to get legal help from pro bono services, a [http://www.smallclaimsbc.ca/trial/simplified-trial simplifiedstudent legal clinic, one-hour trial] before or an experienced lawyer who is a justice of the peace advocate. See our information on [[Low Cost and Free Legal Services (called an adjudicatorScript 430). There is |free and low-cost legal help (no pre-trial settlement conference or mediation. Claims under $5001 can also go to a simplified trial if the Civil Resolution Tribunal cannot hear the case. But simplified trials are not used for personal injury claims or financial debt claims430)]].
==Summary trial in Vancouver=More information===Vancouver uses The '''BC government''' website has how-to guides on Small Claims Court, including [free and low-cost legal help (no. 430) making a claim], replying to a claim, serving documents, getting ready for court, and getting results.:Web: [httphttps://wwwwww2.smallclaimsbcgov.bc.ca/trialgov/content/justice/courthouse-services/summarysmall-trial summary trial] for all financial debt claims (money loans and credit/how-to-card debt) between $5,001 and $35,000. These trials are usually fast: less than 30 minutesguides gov. They use less formal rules of procedure and evidencebc.ca/smallclaims]
[updated August 2017]
'''The above was last reviewed for legal accuracy by [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt and edited by John Blois], Ganapathi Law Group.'''
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