How To Sue A Person In Small Claims Court – People often ask, how do you sue someone? This is a difficult question for a lawyer. Like asking a chef, how do you cook?
Litigation means to sue or sue in court. It could be a commercial litigation, which means there is a commercial dispute. Or it could be a lawsuit, which often means a fight with the company’s owner.
How To Sue A Person In Small Claims Court
Generally, if it is not a criminal case, it is a civil case. It is therefore a civil suit or dispute, as opposed to a criminal trial.
How To Sue In Small Claims Court
In this article, I provide an overview and explanation of how to sue someone in a Singapore court. I will explain the process, procedures, considerations, timelines and requirements, involved in the judicial process. I have included a chart and a visual diagram to explain this.
The above is a simple summary of civil litigation. There are other nuances and difficulties in conducting the trial. There is an arsenal of civilian tools and procedures to achieve their goals as quickly as possible and as cheaply as possible.
If you need a lawyer in Singapore to help you sue someone in court, feel free to contact me.
I am a Singaporean lawyer specializing in commercial disputes and corporate advisory and practice. I try to promote access to justice through pro bono volunteering. I also write in the law; some of my articles have been published in academic journals.
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I am charged with seeking the common good of society, building community and being an advocate for social justice for marginalized people. I also enjoy culture and the arts, dabbling in music, creative & non-fiction, theater & film, creative media and podcast production.
This website contains general information and opinions on legal matters. The information is not legal advice, and should not be treated as such. If you need legal advice on a specific matter, you should contact an attorney. If you need legal services in Singapore law, you can contact me at ron[at].
In particular, if you are looking for a Singapore litigation lawyer; technology lawyer; employment lawyer; contract drafting; corporate attorney; advice on contracts or disputes with shareholders; startup attorney; Financial Lawyers. To sue in Small Claims Court, you file a “notice of claim” with the court, and notify the party you are suing about. Learn step by step.
Whether or not you can sue in Small Claims Court depends on the dollar value of the claim and the subject matter of the lawsuit.
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Claims up to $5,000 must be brought to the Online Civil Resolution Tribunal. However, the Small Claims Court can deal with claims of less than $5,000 in certain circumstances, such as where the tribunal deems the case too complex.
Claims over $35,000 go to the BC Supreme Court. You can file a claim over $35,000 in Small Claims Court, but if you do, you must forfeit the amount over $35,000.
Small Claims Court has jurisdiction over several types of claims, including claims for land interests, defamation, wills and estates, and suits against the federal government.
For more information on where certain types of claims can and cannot be brought, see our information on starting a lawsuit.
Do I Need A Lawyer For Small Claims Court?
Is there a claim as a result of a car accident? For most car accidents, claims must be brought to the Civil Resolution Tribunal.
BC legislation creates time limits for bringing legal action. For most claims, this window (or time limit) is two years. After two years of “discovering” the claim, it is too late to start a lawsuit.
The notice is said to have been discovered on the first day you knew, or should have known, the following:
For example, let’s say you buy a new high-end bicycle. Three months after you get it, the front brake fails, and you get into a serious crash. An expert you hire determines that the brakes are faulty. The limitation period starts from the day you discovered that the brakes were faulty and you realized (or should have realized) that the bicycle manufacturer was responsible for the damage.
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An appeal in the Supreme Court begins with a statement of claim. You must fill out the notice, file it with the court registry, and serve it on the party you are suing.
In the notice of claim, briefly describe the events that gave rise to your claim. You don’t have to tell everything about your case. Later, at a conference or trial, you will have the opportunity to fully explain your side.
Say how much money you want. If you are asking for something other than money (for example, the return of property), write it down and enter the dollar amount.
As someone who preaches, you are called a preacher. The person or company you are suing is called the defendant.
Collecting On A Small Claims Judgment
Note the defendant’s name. If you enter the wrong name, your claim will be void. Be sure to use the defendant’s name. If you are 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 submit your notice of claim.)
You must file a notice of claim with the Small Claims Court Registry. You have a choice of which registry you will install. You can file the notice in the registry nearest to where the person you are suing lives or doing business, or in the registry nearest to where the action you are suing occurred.
For example, say you want to sue someone for the injuries you sustained when they punched you at a nightclub. It happened in a nightclub in Vancouver. The person lives in Surrey. You can file a claim at the Vancouver or Surrey court registry.
You must serve the notice of claim on the defendant. To “serve” means to deliver the notice to them. You must also include a blank answer sheet for them to fill out. You can get a blank response form (Form 2) at gov.bc.ca/smallclaims.
Filing Your Small Claims Case
If the accused is a person 19 years of age or older, you can serve them by personal service or registered mail. To serve a personal document, you or someone acting on your behalf can simply serve the document on the defendant. If the person refuses to take it, you can drop it on the ground at his feet.
If the defendant is a corporation, you can mail the notice or deliver it in person to the corporation’s office. The address of the registered office is shown in the search for the company you must submit with your application notice.
After you submit your notice of application, you must prove it by completing a certificate of service (in form 4).
The BC government website has a document submission guide that provides more details, such as options if you cannot find the defendant to serve it or live out of province.
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After the defendant is served, they have 14 days to respond. (Defendants not residing in BC have 30 days.) Defendants respond by filing an answer.
The court will send a copy of the answer to you, as the plaintiff. In most cases, the court determines the date of the settlement conference.
If the defendant agrees to pay your claim, you can file a consent order or payment order. The form is available online at gov.bc.ca/smallclaims. If the defendant agrees to pay but you can’t meet the deadline, you can ask for a bond, which allows the court to set a payment schedule.
Once the defendant files an answer, the registry usually sets a date for a 45-minute meeting called a plea agreement conference with the judge. The goal is to try to settle the case before the court. You and the defendant (and your attorney, if you have one) attend the conference. The judge will give his opinion on this case during the conference.
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If you and the defendant do not settle the matter, it will go to court. See our information about going to trial in Small Claims Court.
After you file your notice of claim, you have one year to serve it on the defendant. After this time, your claim will expire. If you want to continue after this time, you can request an update.
If the defendant does not file an answer within the time limit or contact you to resolve the claim, you can file a request for a standard order (in form 5). Send the application notice to the registry where you filed the application, along with a copy of the certificate of service (in form 4).
If the claim is a debt, an unconditional order can be made without you even going to court. If the claim is not about debt, the registry of the court must schedule a regular court date so that the judge can decide how much you owe.
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