All cases under a certain dollar value (in BC, $35,000) go to small claims court.
To sue in small claims court, you file a “notice of claim” with the court, and then let the party you’re suing know about it. Learn the steps in the process.
What you should know
Small claims court generally deals with claims for $5,000 to $35,000.
Claims for less than $5,000 must usually be taken to the online Civil Resolution Tribunal (aka the CRT). Claims for more than $35,000 generally go to the BC Supreme Court.
You can make a claim for more than $35,000 in small claims court, but you can’t recover more than $35,000. It might make sense to do this if your claim is above but close to that threshold, or if you prefer the simpler process in small claims. (The procedure in small claims court is more streamlined than in Supreme Court.)
Claims brought in small claims court must involve:
debt or damages,
recovery of personal property, or
agreements about services or personal property.
Small claims court does not have the power to deal with certain types of claims. These include certain motor vehicle accidents, an interest in land, defamation, disputes involving wills and estates, and lawsuits against the federal government. Even if the amount is less than $35,000, you have to bring such cases to the Supreme Court (except for most motor vehicle accidents, which go to the CRT). Look here for more on which court will handle your case.
Vehicle accident claims
Have a claim arising out of a motor vehicle accident? For most vehicle accidents, the claim must be brought to the Civil Resolution Tribunal.
The law in BC creates a time window to bring a legal action. For most claims, that window (or limitation period) is two years. Once two years have passed after a claim is “discovered,” it’s too late to start a lawsuit.
The claim is said to be discovered on the first day you knew, or reasonably ought to have known, all the following:
an injury, loss or damage occurred,
it was caused at least partly by an act or omission (something neglected or left undone),
the act or omission was that of the person you’re suing, and
a court proceeding would be an appropriate way to seek a remedy.
For example, let’s say you buy a new high-performance bicycle. Three months later, the front brakes fail and you’re in a serious crash. Your bike mechanic determines the brakes were faulty. The limitation period starts on the day you discovered the brake problem and realized (or reasonably ought to have realized) it was the bike maker that was responsible for the damage.
For more on limitation periods, see our information on starting a lawsuit.
Take action
“I knew I had a good case (I did the work, they just didn’t pay!). But I didn’t want to deal with all the forms and formality of suing. Instead, I sent the other side a strongly worded letter to let them know I wasn’t going to let this go but I was open to discussing a solution. It helped. I followed up with a phone call, and they agreed to pay me more than half what I was owed. Sure, I didn’t get everything I wanted, but I don’t have to go through a trial.”
– Andi, Kelowna, BC
You don’t always have to sue someone to get (most of) what you want. As a first step, consider negotiating a settlement. You might want to send a demand letter to the other side. This lets them know about your issue and gives them a deadline to make things right. Here, we walk you through writing a demand letter. It could get you a resolution quicker — and without the public spectacle of court. Especially if you’re willing to compromise.
If negotiation fails (or if the other side simply ignores you), a lawsuit in small claims court begins with a notice of claim. You must complete the notice form, file it with the court registry, and deliver it to the party you’re suing.
You can complete the notice of claim by:
using the court’s online filing assistant, which walks you through the steps of completing the form,
downloading the notice of claim form from the BC government website (it’s form 1), or
going to a small claims court registry and asking for the notice form.
In the notice of claim, briefly describe what happened that led to your claim. You don’t need to tell everything about your case. Later, at a settlement conference or trial, you will have an opportunity to fully explain your side of the story.
Say how much money you’re seeking. If you’re asking for something besides money (for example, the recovery of property), write that down and include a dollar value.
As the person who is suing, you are called the claimant. The person or company you are suing is called the defendant.
Take care in naming the defendant
If you name the wrong party, your claim will be dismissed. Make sure to use the defendant’s proper name. If you’re suing a company, you can get the company’s legal name by doing a company search with BC Registries. You can call them at 1-877-526-1526 or visit a Service BC location for more information. Note that you will need a copy of the company search when you go to file your notice of claim.
You must file the notice of claim in the 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 works. Or you can go to 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 after an altercation at a nightclub. The incident took place at a nightclub in Vancouver. The person lives in Port Coquitlam. You can file the notice of claim in either the Vancouver or the Port Coquitlam court registry.
There is a filing fee (typically, $156). You’ll get that back from the defendant if you win. If you can’t afford the filing fee, you can ask the court to waive it (this involves more paperwork).
If the defendant is a company, you also need to file a copy of your company search.
“Once I filed the claim at the courthouse, I sent a copy of it to the other side. They never replied. I figured that meant I would win my case no matter what. But it turns out I didn’t send the notice the right way. It was an annoying setback. Even though it’s small claims court, there are still some key rules I wish I’d paid more attention to.”
– Jasper, Surrey, BC
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 that from the BC government site (it’s form 2).
If the defendant is age 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 ground at their feet.
If the defendant is a company, you can personally deliver the notice to the company’s registered office or send it by registered mail. 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 have to show that court that you followed the right procedure by completing a certificate of service (form 4 on the BC government site).
The BC government has a 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.
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, or
sue you back, by making a counterclaim.
The court will send a copy of the reply to you, the claimant.
In most cases, the court will next set a date for a settlement conference.
If the defendant agrees to pay
If the defendant agrees to pay your claim, you can file a consent order or a payment order. The forms are available on the BC government site. If the defendant agrees to pay but you can’t agree on a time frame, you can ask for a payment hearing. The court then sets a payment schedule.
Once the defendant files a reply, the registry usually sets a date for a 45-minute meeting called a settlement conference with a judge. The purpose is to try to avoid going to trial. You and the defendant (and your lawyers, if you have them) attend the conference. The judge will give their opinion of the case during the conference.
If you and the defendant do not settle the case, it will go to trial. See our information on going to trial in small claims court.
Common questions
After you file the notice of claim, you have one year to serve it on the defendant. After that time, your notice of claim will expire. If you want to continue after that time, you could apply for a renewal.
If the defendant doesn’t file a reply within the time limit or contact you to resolve the claim, you can file an application for default order. (That’s form 5 on the BC government site.) File it at the registry where you filed the notice of claim, along with a copy of the certificate of service. (Form 4 on the BC government site.)
If the claim is for a debt, a default order may be made without you even going to a hearing. If the claim is not for a debt, the court registry must schedule a default hearing date so a judge can decide the amount you may get.
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’ve filed a notice of claim with the court doesn’t mean you have to continue with the lawsuit.
If you’re satisfied with what the defendant offers, you can withdraw your claim by filing a notice of withdrawal with the court. (Use form SCL019 on the BC government site.) You should put any agreement in writing, and have both parties sign it.
If the defendant offers payments, you can prepare a consent order or a payment order. (Again, forms for this are available on the BC government site.) File the order at the court registry where you filed the notice of claim. If payment stops, the order can be enforced.
Who can help
You don’t need a lawyer to go to small claims court. But you'll probably better understand the process, as well as the strength of your case, if you get legal advice. If you have limited means, you might be able to get legal help from pro bono services, a student legal clinic, or an advocate. See our information on free and low-cost legal help.
Access Pro Bono’s Everyone Legal Clinic
Clinicians provide affordable fixed-fee services on a range of everyday legal problems.
Lawyer Referral Service
Helps you connect with a lawyer for a complimentary 15-minute consult to see if you want to hire them.
Small claims how-to guides
The BC government has forms and how-to guides for small claims court, including making or replying to a claim, serving documents, and getting ready for court.
Small claims filing assistant
The BC government’s filing assistant walks you through the steps of completing court forms.
BC Provincial Court
The court's website features guides on how to handle a case before the court, as well as past court decisions.
Small Claims Online Help Guide
From Justice Education Society, provides step-by-step information on each stage of a small claims case.
