Who can use it?
- For
- A debtor asking for a payment hearing
- Court rules
- Rule 12(10)–(11.3)
When do you need Form 13?
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
State case details, requested hearing step and present finances; consider Form 40 and supporting records.
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
First deadline: Under Rule 12(10)–(11), a debtor asking for a payment hearing files Form 13 plus Forms 39 and 40 where required at least 14 days before the hearing, and serves the creditor with Form 13 and the applicable Form 40 at least 14 days before. Corporate and partnership debtors are exempted from those initial Form 39 and 40 requirements. If you have not filed an address for service, Rule 12(10.1) also requires Form 38 and service of that form on the other parties.
Later supporting documents: Rule 12(11.1) requires any additional records you plan to rely on to be filed with a supporting materials cover sheet (Form 39) at least 7 days before the hearing. Rule 12(11.2) requires those later records to be served on the creditor at least 2 business days before. These are different from the original 14-day deadlines.
Follow the wording and instructions on the official form. The provincial Filing Assistant can help prepare certain forms but cannot give legal advice.
Deadlines and fees
Timing: File the debtor’s initial Form 13 package and serve the required documents at least 14 days before the hearing. Later supporting material normally must be filed at least 7 days before and served at least 2 business days before (Rules 12(11.1)–(11.2)). Significant changes in finances may require an updated Form 40 before the hearing (Rule 12(11.3)).
Fees: Check any court and service expenses; payment obligations remain unless varied.
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
Assuming filing a notice alone cancels existing enforcement or a payment order.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.