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hello I'm judge Challenger and I've been.a judge in small claims court for twelve.years in this video you will learn about.how civil lawsuits for less than 25.thousand dollars move through BC's small.claims court which is a division of the.provincial Court of British Columbia.most people who appear in small claims.court represent themselves if you will.be representing yourself in court you.will need to understand the court.process you will need to learn about the.court system the law that relates to.your case the rules of the court the.court forms that must be used what you.and the other side need to prove and the.possible legal arguments for your case.this knowledge will also be helpful if.you do hire a lawyer to represent you in.court in British Columbia the process.required to advance your case through.small claims court depends on the.location of the courthouse where the.claim is filed for example the process.is different for a claim filed in.Vancouver compared to one filed in.Victoria this table provides a simple.overview of the court processes for the.small claims court in your area this.table might not seem so easy to.understand at first but once we take a.look at some of the steps in the process.it will all become more clear to you to.start let's take a look at a sample case.it's just a fictional example but it.will help to explain court processes in.small claims court my name is Sara and I.own a building in Richmond that has a.glass awning in the front over a set of.windows when it was time to replace the.awning I called a few professional.contractors I chose a contractor named.John because he had over 10 years of.experience installing awnings and he.showed me pictures of glass awnings that.he had installed.he seemed professional and experienced.when I talked to John about the job I.showed him the old awning and told him.that I wanted the new.to look exactly the same as the old.awning I instructed John to take.pictures and to measure each piece as he.removed the old awning we agreed on a.price of twelve thousand dollars and I.signed a contract for him to do the work.my name is John and I'm the contractor.hired by Sarah to install a glass awning.on the front of her building once we.agree to the terms and sign a contract I.ordered all of the parts and assembled.her owning at my shop but while I was.installing her awning she said that it.did not look close enough to the.original awning and Steve and told me to.stop working I told her she would have.to pay me the twelve thousand because I.had already bought all the materials and.build her owning she refused to pay so I.had no choice but to sue her in the.small claim Court that makes me the.claimant in the case and Sarah is the.defendant since this civil dispute.involves an amount less than $25,000 it.will be heard in small claims court if.it were for an amount over $25,000 it.would be heard in the BC Supreme Court.to advance a case in any court in.British Columbia claimants and.defendants must use standard court forms.these forms must be submitted within a.certain time frame they must include the.number of copies indicated on the bottom.of the form they must be signed dated.and in most cases served on the other.party this means that the other party.must receive a copy the form that starts.all small claims court cases is called.the Notice of Claim it is completed by.the claimant in our example that is John.I used the small claims BC dossier.website to complete the notice of claim.form a short video helped me understand.how to complete it once I had spent a.little time with the form it was pretty.easy to understand.and I completed the form on the website.then I printed out the proper number of.copies and I took it to the Court of.registry in Richmond.in court cases it is important for both.the defendant and the claimant to be.informed of what is happening to ensure.a fair trial both parties are required.to notify each other and share.information about the claim in a lawsuit.getting the paperwork from one person to.the other is called serving documents.once John filed the Notice of Claim at.the Richmond court registry he served it.on Sara by sending her a copy by.registered mail to her residential.address there are rules about serving.documents that must be followed in order.for the court to decide that the.defendant and the claimant have received.all the necessary documents you can.prove that you have served the document.by filing a certificate of service which.explains what documents were served to.whom and how and when they were.delivered for more information about.serving documents for small claims court.read the guidebook.serving documents so I received a.registered letter from John and inside.was this Notice of Claim it explains.that John is suing me in small claims.court and now I have 14 days to reply.because I was served in the province of.British Columbia.had I been served outside BC I would.have had 30 days on John's second day of.work I discovered that the new awning he.was installing was the wrong size and.shape it was not the same as my previous.awning so I told John to stop working.because he was installing the wrong.awning he said I would still have to pay.him but I refused because he was not.installing the awning I wanted now he is.suing me I am NOT going to pay him for.something I didn't buy so I will reply.to this Notice of Claim and prepared to.defend myself in this example John filed.the notice of claim.in Richmond and so the court process for.Richmond will apply if John and Sarah.don't settle their case before they go.to trial they will first attend a.settlement conference then a pre-trial.conference and finally they will go to.trial I'll explain each of these steps.in this video.Sarah filed her reply to the Notice of.Claim and served the document on John.the next step is for them to receive a.date to attend a settlement conference.in almost all small claims court cases.there is a settlement conference before.the case goes to trial one exception is.a motor vehicle accident case where.liability for damages is being disputed.that case would go directly to trial.there are other special rules for.personal injury claims so be sure to.review the court rules or ask the small.claims registrar to make sure you are.following the correct process the.settlement conference is only between.the judge the parties involved and a.clerk who takes notes the public is not.allowed to attend in most small claims.court cases the claimant and the.defendant represent themselves and.present their own cases this means that.both the claimant and the defendant have.to prepare for the settlement conference.if either party has a good reason to.postpone the conference to another date.you will need to follow the specific.processes and file specific documents.with the court registry generally this.notice or documentation must be filed.with the court at least 7 days before.the date set for the conference if the.claimant misses the conference his or.her case could be dismissed if the.defendant misses the conference then the.judge could make an order requiring him.or her to pay the full amount of the.claim in both cases the judge could also.order that the case go directly to trial.after I filed the notice of claim and.serve it on Sarah I receive her reply.which she serve on me Sarah claims that.I was supposed to build her owning exact.like the old one but it couldn't be.exactly the same how I have just.received a notice from the court about.attending a settlement conference Sarah.and I are going to meet with a judge to.see if there is some way we can settle.for me the best settlement of this case.would be to finish the job and if I.can't finish she would still have to pay.because the materials can only be used.for this awning well John is still suing.me we now have a date for a settlement.conference I am going to have to start.to prepare to meet the judge and explain.my position at the settlement conference.the judge will ask both parties to give.a short summary of their cases both.parties should be able to clearly.explain their cases and describe what.supporting evidence they can present in.court the judge is trying to determine.if there is a possibility for the.parties to settle their claim without.going to trial the judge will review the.laws that apply in the case and will.discuss with both parties the evidence.they intend to present alright thank you.John and Sarah for appearing before me.today we're here to talk about your.dispute where John was to remove an old.glass awning owned by you Sarah and.replace it by installing a new glass.awning and this was at your property at.777 Plain Street John says you're the.claimant why don't you start by.explaining to me what happened and why.there is a dispute on November 3rd I.received a phone call from Sarah asking.me about glass owning a settlement.conference gives each party a chance to.explain his or her position evidence and.witnesses are not presented there are.two parts to my case first I will prove.that Sarah is liable and second I will.prove that the 12,000 damages are.justified your honor.when I hired John I explained to him.that I wanted the new wanting to be.identical to the old awning I have.pictures as well as the original.drawings that show the size placement.and style of the previa.yawning once both parties have presented.their case I usually try to get them to.discuss things that they agree on in.this case both John and Sarah agreed.that the contract was for $12,000 that.sarah requested John to stop the.installation and that Sarah refuses to.make any payment to John you're right.your honor we both agree on these points.the contracted amount was $12,000 and to.date I have not paid John anything my.position is that John did not fulfill an.important term of the contract to.replace my previous awning like a new.one like the previous awning and.therefore I have no obligation to pay.him your honor I was installing a new.owning like the previous one when she.told me to stop working I ordered.material specifically for this job and I.scheduled my time to do it.instead of doing a $12,000 job I have.over 7,000 expenses and no revenue for.the weeks it was going to take to.install if the parties cannot resolve.the case at the settlement conference.they may be able to identify issues that.will help them to make the trial easier.quicker and less expensive the.settlement conference also provides the.claimant and the defendant with the.opportunity to ask the judge some.questions about preparing for trial for.example the judge may be asked to.prepare orders that force one party to.produce documents that are relevant to.the case if the settlement conference.goes well the parties agreed to resolve.their case without going to trial in.these circumstances a judge would make.an order that reflects the agreed upon.decision and that would be the end of.the case however if the parties cannot.agree on all the issues their case will.go to trial the judge can narrow the.issues make disclosure orders and help.both parties to prepare for trial there.are two options at this point in some.courts if the judge feels like the trial.will take less than half a day he or she.may decide to move the case.directly to trial however in most cases.before the trial there was a trial.preparation settlement conference this.is also called a pre-trial conference at.the pre-trial conference the judge will.ask the parties to build the evidence.they intend to present and how many.witnesses they expect to put on the.stand the judge asked these questions to.estimate how long the trial might be the.pre-trial conference also provides both.parties with the opportunity to ask the.judge questions before their matter goes.to trial the judge at a settlement.conference will not be the judge at.trial if a trial is necessary Sarah and.I agreed on a few things at the.settlement conference but we did not.agree that she owed me 12,000 I'm not.very optimistic we will work it out but.there is still a chance to avoid trial.we can settle the case out of court.within 30 days of settlement conference.in our example John and Sarah were not.able to resolve their dispute on their.own and they were not able to find.agreement at the settlement conference.their case will go to trial before the.trial it is important for both parties.to prepare to get a successful result at.trial you must be well organized while.the judge may help you with simple.procedural matters he or she will not.organize your evidence for you will not.help you to understand the law and will.not advise you on evidence you need to.prove your case one helpful way to.prepare is to review the getting ready.for court checklist and to complete the.getting ready for court worksheet the.worksheet helps both parties to lay out.the key facts in the case and describe.evidence and witness testimony John and.I now have a scheduled trial date I'm.going to have to prepare even though I.know I'm right my case revolves around.the fact that I instructed John to.replace the old awning with a new awning.like the old one I will gather pictures.the old awning and I took a few pictures.of the work that John was doing anyone.can see that they are not the same plus.I have pictures of the new awning that I.had another supplier install it's.exactly like the old awning which is all.I wanted in the first place small claims.trials are much more formal than a.settlement conference or pre-trial.conference trials are open to the public.both parties present their cases and.evidence is given by witnesses who.testify in court under oath rules of.evidence establish what facts can be.presented to the court and how to do so.the rules also help the trial run.smoothly and efficiently in a.predictable way.for example they set out what documents.will be admitted into evidence whether.they must be served on the other party.the time limits for doing so whether the.evidence is relevant to what is being.disputed and whether there is a rule.that excludes certain evidence evidence.also has to be believable and creditable.to be accepted and considered by the.judge at the trial there are three types.of evidence that can be introduced oral.testimony by a witness or the parties.documentary evidence introduced by.witness or one of the parties and.photographs introduced by the person who.took them in court the claimant is.responsible for proving the facts that.support his or her case civil cases are.decided based on the balance of.probabilities this means that the judge.must decide what is most likely to be.true this is not like a criminal trial.where someone is found guilty or not.guilty beyond a reasonable doubt if for.some good reason you cannot attend your.trial on the date set you can appear in.court to ask the judge to postpone or.adjourn your trial the application must.be in writing and you have to serve the.other party with it.at least seven days before you ask the.judge fees may be attached if you ask.for the adjournment less than 30 days.before the trial date along with.gathering evidence and preparing.yourself for trial you will also need to.prepare your witnesses each witness must.have personal knowledge of the facts you.want them to tell the court hearsay.evidence is something that a witness.only knows from hearing someone else say.it and may not be admissible in court.prepare questions for your witnesses and.go over them before trial avoid asking.questions that suggest the right answer.as these are called leading questions.and are not allowed in direct.examination.for instance instead of asking was the.light read you would ask what color was.the light it is alright to discuss the.case with your witnesses but it is not.alright to tell them what to say the.other party may ask your witness if they.discuss the case with you and it is.alright for the witness to answer yes to.this question be careful not to script.your witness's answers or to influence.or change his or her evidence if both.you and the other party have several.witnesses the judge may tell them to.wait outside the courtroom until they.are called this prevents witnesses from.changing their testimony to match what.they have heard in court sometimes you.may want to call an expert as a witness.an expert is someone qualified with.special knowledge skill training and.experience like an engineer or a doctor.if you have an expert witness he or she.is only allowed to give evidence about.his or her opinion for instance a.roofing expert may give evidence as to.why a roof leaks if you intend to call.an expert witness you must serve the.other party with a summary of the.opinion at least 30 days in advance of.the trial if you don't the judge may not.give you permission to call the witness.the trial may be delayed and you may.have to pay the expenses of the other.party for showing up for a trial that.does not finish.if you do not intend to call the expert.to testify in court you can still use.the experts opinion if you serve a copy.of the experts report or letter on the.other party at least 30 days before the.court date the report or letter must.state the experts qualifications what.the opinion is and the facts the opinion.is a based on if you receive an expert.report from the other party and you want.to cross-examine the expert witness you.can notify the other party in writing at.least 14 days before the trial that you.require the expert to attend however be.careful with this because the judge at.trial may find it was unnecessary to.have the expert testify in person and.you may end up paying the costs of.bringing the expert to court another.example of when you do not have to call.your witness in person is when you.submit as evidence a written estimate.for the repair of damage or value of.property you have to serve it on the.other party at least 14 days before the.trial or risk having the evidence not.allowed or the trial postponed because.you did not serve notice then you might.have to pay the costs of the other party.you may want to get more than one.estimate if the amount is large most.witnesses will agree to come to court.voluntarily but if not you can get a.summons at the court registry you need.to serve it on the witness along with.reasonable travel expenses at least 7.days before the court date then the.witness will be required by law to come.to testify I had never been to court so.before my court date I went to the.courthouse to watch some other trials or.learn how small claim court works it was.good to see how the cases proceed when.you give your evidence no one asked you.questions so you simply stand and tell.your story in a clear and logical way.watching a few trials really helped me.to prepare my case for court getting.your case organized is the most.important thing you can do.to prepare for Court but like John you.may also find it helpful to visit the.courthouse and sit in on some small.claims court trials knowing what to.expect will help you feel comfortable.when it's time for you to present your.case good luck.

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Q Small Claims Court Courts State Co FAQs

Hit on answers to listed questions about Q Small Claims Court Courts State Co . Discover the most ordinary topics and more.

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I need to sue someone in small claims court. How do I find out someone's address if all I have is their name and bank account number?

I've yet to see a check that didn't have an address listed. Anyway if you've got their name and city then it's easy just do a public records search, a reverse phone look up, or just call the bank the check was issued from. That being said I really want to reiterate what some of the other users have stated. Is this worth your time. This person who wrote a bad check probably doesn't have any garnish able wages if they're writing bad checks. Just remember all a judgment is is a piece of paper that says that you won. In case of people like the person you described (lawyers call them judgment proof Continue Reading

I need to sue someone in small claims court but all I have is their cell phone number and their name.  How can I find out their address?

In my county, personal and real property tax records are searchable online and include the address where the property is and the mailing address of the taxpayer. In my state, voter registration records are public records, but they are not online. Anyone can file a public records request with the county election commission and get the residential address of any registered voter (I confirmed this by calling the commission.).

How do I file a small claim against someone in another state?

Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Small Claims Court Forms There is more information about how do I file a small claim against someone and they have small claims forms.

If I file a small claims against someone in another state, must I go to court in that other state?

If you file in NYC, you'll need to go to court in NYC. I don't know if NY law would count travel as a cost in your claim. Absent a special agreement, I do not think CA law would count that as a cost.

How do I file a small claim in small claims court if the person is in another state.?

You’d probably have to take them to court in their jurisdiction so they the court has power over them. Or as another answerer said you could try to get a default judgment in your jurisdiction but that may not be enforceable. https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter9-2.html

Is there a small claims court PDF for California that can be Filled out and Saved online or downloaded?

I believe you are asking whether forms required for small claims actions are available online. The answer is "yes" - start at http://www.courts.ca.gov/selfhelp-smallclaims.htm and follow links from there.

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