Who can use it?
- For
- Claimant
- Court rules
- Rules 1–5
When do you need Form 1?
Before using this form, check that your case belongs in Provincial Court and that this form fits your situation. Read the current court rule and official form. Most eligible claims of $5,000 or less start with the Civil Resolution Tribunal, not a new Court Notice of Claim. Some kinds of claims follow different rules.
What to prepare
Identify each defendant by legal name and address; state what happened, when it became known, the amount and components sought.
Use the names, addresses and court file number already on your case. Keep the documents and calculations together, and make copies for everyone who needs them. Filling in a form does not prove your case.
File the form and give copies to others
File Form 1 and your Form 38 (Address for Service) with the required fee at the appropriate registry. When serving each defendant, include their copy of the Notice of Claim, a blank Form 2 (Reply), your address for service and a blank Form 38. Use a service method allowed by Rule 2 or Rule 18 for that defendant, and keep a record of when and how service took place (Rule 2(1)).
Follow the wording and instructions on the official form. You may need to give different copies to different people. The provincial Filing Assistant can help you fill out certain forms. It cannot tell you whether your case belongs in this court or whether your filing will be accepted.
Deadlines and fees
Timing: A filed Notice of Claim normally needs service within 12 months. A defendant served in BC normally has 14 days to reply; outside BC, 30 days.
Fees: Filing fee: $100 for claims up to $3,000; $156 for claims over $3,000, subject to jurisdiction.
If you must give a copy to another person, follow the delivery rules for that form. Write down when and how you delivered it. Filing a form with the court is different from giving it to someone else. Estimate ordinary CRT / original Court claim costs. This calculator does not cover every special form or every way to collect money after a judgment.
Watch out for this mistake
Forgetting Form 38, suing the wrong legal entity, omitting an important part of the claim, or mistaking the CRT route for Provincial Court.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.
Before filing a new Notice of Claim
- Rule 1(2): file at the Small Claims registry nearest to where the defendant lives or carries on business, or where the transaction or event took place.
- If the defendant is a company or society, Rule 1(2.1) or (2.2) requires the appropriate registered-office search printout with the notice.
- The defendant’s usual Reply window is 14 days after service in BC or 30 days after service outside BC. The Notice of Claim expires if it is not served within 12 months after filing, unless it is renewed (Rule 2(7)).