Who can use it?
- For
- Third party
- Court rules
- Rules 1–5
When do you need Form 3.1?
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
Use the Third Party Notice’s “How Much” section to respond to each item separately. Say which parts you agree with, which you dispute and briefly why. If you admit an amount, you may propose a realistic payment schedule. You do not need to put all your evidence into the Reply.
Copy the correct names, registry location and file number from the existing case. Complete an Address for Service (Form 38) to file with Form 3.1. This is where court documents can be sent to you. Keep copies of the forms and supporting calculations; filling them in does not prove your case.
File the form and give copies to others
File two forms: Rule 5(7) uses the Rule 3 reply process, but a third party files Form 3.1 (Reply to Third Party Notice) instead of Form 2. File Form 3.1 and Form 38 at the Small Claims registry shown on the original Notice of Claim or Notice of Civil Resolution Tribunal Claim. Do not assume that filing Form 3.1 alone is enough.
Who sends the Reply? Under Rules 5(7) and 3(5), the registry must serve the filed reply and address for service on the other parties within 21 days. The defendant who started the third-party claim is separately responsible for serving the original third-party notice package on you under Rule 5(3)–(4). Follow any specific registry or court directions. If your address for service later changes, file an updated Form 38 and serve a copy on all other parties as the official form directs.
Follow the wording and instructions on the official form. 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: Rule 5(7), applying Rule 3(4), generally requires your reply within 14 days after valid service in BC or within 30 days after valid service outside BC. The rule also addresses default orders and hearing dates. Check the actual service date, applicable time-calculation rules and any order in your file; contact the registry promptly if the time may have expired. A third-party default order is not automatic under Rule 6(2), but ignoring the notice can still lead to an order against you.
Fees: Under current Small Claims Rules Schedule A, filing the reply costs $26 for a claim of $3,000 or less or $50 for a claim over $3,000, unless you agree to pay the full claim. There is no separate filing fee for Form 38. Other filing or service costs may apply; confirm the fee with the registry. Estimate ordinary CRT / original Court claim costs (this calculator does not price every special form).
Watch out for this mistake
Filing an ordinary Form 2, omitting the required Form 38, or assuming the defendant will respond to the third-party claim for you. Keep your filed copies and watch for registry notices of a settlement conference or trial.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.