Getting Started

• The claimant decides where to file his or her claim. This is an important step because the court location will determine the specific court process that the case will follow. The claim needs to be filed in the court registry nearest to either:
  • where the defendant lives or carries on business, or
  • where the event that led to the claim happened.

• The claimant starts the action by filling out a Notice of Claim form and serving documents on the other party. The defendant must reply to the claim or a judgement may be made against him/her. (Learn more: Court Forms).

• The case proceeds through the court process according to the court registry where the claim was filed. Steps could include a summary trial, a simplified trial, mediation, a settlement conference, a trial conference, and a trial. (Learn more: Court Processes).

• If the claimant is successful but has not received payment, or if the defendant wants to arrange a new payment schedule, a payment hearing or default hearing could be held.
   
• If a defendant fails to honor a payment order or payment schedule, the claimant can take several different steps to enforce the judgement. (Learn more: Court Decisions).

This quick summary provides you with a sense of how a case may proceed in Small Claims Court. To learn more, watch the Court Processes video (above). The information that follows will help you to get started with your case – whether you are the claimant or the defendant.

What is a Notice of Claim?
The Notice of Claim explains who you are, who you are suing, what happened and what you are asking for. Make sure you are using the correct form with all the required attachments.

How do I make a claim?
To make a claim you need to file a Notice of Claim with the court and also let the person you are suing know about your claim. There are four excellent resources that can help you complete a Notice of Claim:

• Read the Ministry of Attorney General’s procedural guide Making a Claim
• Read The Law Centre Factsheet: Starting a Lawsuit
• Watch the video that shows you how to fill out court forms (below)
• Use the Small Claims Filing Assistant to get help completing the online form

It is a good idea to read procedural guide and factsheet before you start filling out the form. The guide answers questions you may have and identifies common mistakes made when filling it out. Both publications provide useful information to help you explain what happened and to detail the amount you are claiming.

You can use the Starting a Claim Checklist as you prepare to make a claim in Small Claims Court.

How should I decide how to reply to a claim?
The first thing you need to do is decide whether you want to oppose the claim and whether you will make a counterclaim against the claimant. You may also decide to pay the claim and make arrangements with the claimant to do so. It is important not to ignore the claim because if you do nothing, the claimant can get a default judgment against you.

How do I reply to a claim?
You need to complete the Reply to a Claim form and file it with the court. There are four excellent resources that can help you do so:

• Watch a video that shows you on how to fill out court forms
• Use the Small Claims Filing Assistant to get help completing the online form

The Court Forms video will help make it easier for you to complete the Notice of Claim, as well as other standard forms. The Filing Assistant provides an easy way to complete Small Claims Court forms online. Once you have completed the desired form it may be printed and submitted in person or by mail to a court registry.

• Read the Ministry of Attorney General’s guide Replying to a Claim to help you decide what you want to do and to learn how to fill out the reply form. Information the form requires includes:
  • What you disagree with in the Notice of Claim and why
  • What, if anything, you agree with
  • What, if anything, you are claiming against the claimant or a third party
  • Whether you want the court to set a payment schedule
     
• Read The Law Centre Factsheet: What To Do If You Are Sued In Small Claims Court
• Watch the video that shows you on how to fill out court forms (below)
• Use the Small Claims Filing Assistant to get help completing the online form

It is a good idea to read the procedural guide and factsheet before you start to reply to the claim. The guide answers questions you may have and identifies common mistakes made when filling it out. Both publications provide useful information to help you explain your position.

The Court Forms video will help make it easier for you to complete the Reply to a Claim, as well as other standard forms. The Filing Assistant provides an easy way to complete Small Claims Court forms online. Once you have completed the desired form it may be printed and submitted in person or by mail to a court registry.

You can use the Replying to a Claim Checklist to ensure you reply to a claim properly.

How much time do I have to file my reply?
You have 14 days to file a reply if you are in BC and 30 days to reply if you were outside of BC when you received the Notice of Claim.

What do I do if the defendant agrees to pay part or all of claim in the reply?
If the defendant agrees to pay part or all of the claim, the claimant may:

• Withdraw the claim upon receiving payment
• File a consent order
• File a payment order
• Where a payment order has been made, the claimant may seek a payment hearing, where the defendant agrees to pay the claim, but the claimant disagrees with how the defendant plans to make payments
• Continue the claim for the full amount, where the defendant only admits to part of the claim

To learn more, see the “What Happens Next” section of Making a Claim.

How do I serve documents?
Getting paperwork in the lawsuit from one person to another is called “service of documents.” The Ministry of Attorney General’s guide Serving Documents will explain the rules for service of documents and will answer questions you may have about how you serve the Notice of Claim and other documents on the defendant. In addition, you can read The Law Centre Factsheet: Serving Documents. Use the Serving Documents Checklist to ensure you serve your documents correctly.

You can use the Serving Documents Checklist to ensure you serve your documents correctly.

How do I prove service?
It is a good idea to read the Serving Documents guide before you start because there are rules about doing so which need to be followed in order for the court to decide that the defendant has received the documents. You can prove that you have served the document by filing a Certificate of Service.

What court forms do I need?
In order to start a claim or to move your case forward in Small Claims Court, you will need to use standard court forms. There is a complete list of Small Claims forms under the Court Forms tab on this website. Watch the video to learn about the different court forms that are available and how to use the Filing Assistant to complete court forms.

There are two types of forms available: PDF forms and Filing Assistant forms. The Filing Assistant forms can be completed online and they include helpful information about how to complete each of the required entries. If you need to use a form that is in PDF format, you can print it, fill it in and then file it with the court registry. If you need to use a form that is in PDF format, you can print it, fill it in and then file it with the court registry.