Small Claims Services
Filing a Small Claim in BC
There are two levels of small claims in British Columbia, handled by two different administrative bodies. The first is the Civil Resolution Tribunal who handles small claims up to a maximum of $5,000.00.
The second is BC Provincial Small Claims Court who handles claims from $5,001.00 to $35,000.00. Over and beyond the $35,000.00 threshold will require the services of the Supreme Court of British Columbia. When filing a matter in BC Supreme Court, it is strongly advised to seek legal counsel.
The rules for Provincial Small Claims Court are not as complex and official as Supreme Court matters. The parties involved in small claims are encouraged to settle their differences out of court, however, achieving resolutions out of court is not always possible. In these instances, a trial is held, and a judge will decide the outcome of the claim.
You still may be wondering how to go through the process of filing a small claim and what the different options are. We’ve outlined below the steps required to initiate a small claim in BC court:
Filing a Notice of Claim
- The first step to initiating a small claim in Provincial Court is to file a Notice of Claim. This document is relatively simple to prepare with its fill-in-the-blank structure.
- If you are suing a business, you will also need to provide a copy of the company’s corporate search. Pulling a company’s corporate search from BC Registry Services is another service we are happy to provide.
Getting ready to file
- When your Notice of Claim is fully prepared, it is then ready to file. You may be wondering if you can file small claims online or will need to physically attend court. There is actually three different ways filing a claim can be achieved:
- Attending a small claims court registry in person. The BC government website has a list of courthouse locations.
- Mailing your claim to the small claims registry with a cheque for the filing fee
- Through Court Services Online (CSO). PDF locked copies of your Notice of Claim will need to be prepared and uploaded, and an account will need to be set up with a valid credit card.
Methods of Serving your Claim
Your Notice of Claim is now filed, and you are ready to serve it. At this point is where we come in (provided we have not assisted in filing your claim). There are only two methods of service when serving an individual. Those methods are personal service and registered mail. It is always in your best interests to attempt personal service before serving via registered mail. Initial attempts at personal service are preferred because the element of surprise factors into the job. Registered mail will tip off the Defendant and, in many cases, will cause them to evade service. They may also refuse to provide a signature to the Canada Post carrier or refuse to pick up the documents from the Post Office where the papers are held.
Suppose the Defendant is identified on the first personal service attempt from an experienced process server. In that case, the server will drop the documents at the Defendant’s feet and let them know they have been served if they try to “refuse service.” Thus, hiring an experienced process server from the beginning will minimize the chances that the Defendant can successfully evade service.
Benefits of using a Process Server
The benefit of using our company is that we will guarantee an experienced professional will serve your documents. You have come this far in recovering your debt. Why would you want to “mail it in?” If we successfully serve your small claim, we can prepare and file your Certificate of Service within two business days. This will ensure you can apply for default judgment or initiate further proceedings should the Defendant fail to file a reply within 14 days.
If the Defendant fails to reply within 14 days, you can now file for default judgment. When obtaining this court order, you will also need to complete a “Summons to a Payment Hearing,” found here. Once your completed summons to a payment hearing is taken in for filing by the court registry, it will need to be personally served (registered mail service is not permitted). If you were reluctant to hire a professional to serve your Notice of Claim, now is the time you will undoubtedly want to hire said professional. The Defendant has avoided you to this point. Nothing is stopping them from continuing to avoid you. An experienced professional will make thorough attempts, take notes and ask questions when carrying out the job. Suppose three unsuccessful attempts at personal service are made. In that case, we can then provide you with an affidavit of attempted service as official evidence to support an application for sub-service (service via email, posting to the door, or any alternate means the courts deem justified). Again, getting someone with little to no experience to serve your documents will increase the chances of something going drastically wrong, nullifying your efforts to recover your debt.
If you need to serve a Notice of Claim or Summons to a Payment Hearing and wish to hire an experienced professional, please use our service request form.
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We specialize in Supreme Court Notices of Civil Claim, Foreclosure Proceedings, Divorce, Small Claims, Residential Tenancy Branch, Civil Resolution Tribunal, and all out-of-province document services. As NAPPS certified and Better Business Bureau (A+) accredited professionals, we are your trusted partner for legal document services in Metro Vancouver, Greater Victoria, and the Fraser Valley.
