NCJ Number
80808
Date Published
1981
Length
150 pages
Annotation
This manual is a simple guide for using British Columbia Small Claims Court to either enforce a debt due or defend such an action.
Abstract
Usually, British Columbia Small Claims Court handles cases involving money due and owing for debts. The monetary jurisdiction of the small claims court is up to $2,000. The average person may bring action in small claims court without having to hire a lawyer. Before commencing an action in small claims court, the plaintiff must consider these issues: (1) how much can be recovered and, if over $2,000, is it better to abandon the excess or bring action in a higher court; (2) does the small claims court have the legal jurisdiction to hear the matter; (3) which small claims court registry has the jurisdiction to hear the matter; and (4) whether the limitation period has expired for bringing an action. Following this consideration of preliminary matters, the manual provides guidance on issuing summons, including a discussion of the importance of properly identifying the defendant and providing examples of statements of claim. Methods for serving summons on the defendant and other parties are described, along with procedures for getting witnesses into court. Also discussed are what to do on receipt of a summons, what happens between the service of the summons and the trial, trial proceedings, judgment and appeals, and how to collect on the judgment. Sample forms used in association with small claim proceedings are provided, along with a glossary.