Who can use it?
- For
- Claimants, defendants and other parties giving an address for court papers
- Court rules
- Rules 1, 1.1, 3 and 18(16)–(20)
When do you need Form 38?
Form 38 tells the court and other parties where they can send court papers. It normally accompanies a new ordinary Form 1 claim, a Form 34 claim coming from the Civil Resolution Tribunal, or a Form 2 reply. If you file another document but have not yet given an address for service, Rule 18(20) requires Form 38 too. If your address changes during the case, file a new Form 38 and promptly give copies to the other parties (Rule 18(16)).
What to prepare
Two types of contact address are required: (1) an address for personal service, such as your residence, business, registered office or lawyer’s office as permitted by Rule 18(17); and (2) at least one method for mail or email service. You may choose both mail and email, but someone serving you may use either selected method without using both. The official form has a separate box for the effective date if you are changing your information.
Use the correct names and court file details. Check the email address carefully and choose a mailing address where you can reliably receive documents. Form 38 does not itself prove service of another court document.
File the form and give copies to others
First time: File Form 38 together with the claim, reply or other document when the applicable rule requires it. Rule 18(20) says anyone filing a document without an address for service already on file must also file Form 38 and serve a copy on each other party.
If your address changes: Complete a new Form 38, including the date the change takes effect; file it with the court and promptly serve a copy on each other party (Rule 18(16)). Do not assume changing an address in your email signature updates the court record.
Email has limits: For documents that may be served by email under Rule 18(12)(c), a message sent before 4 p.m. on a business day is normally deemed served that day; one sent later or on a non-business day is deemed served the next business day (Rule 18(18)). But not every court document can be served by email: original claims and payment/default-hearing summonses have special service rules. The provincial Filing Assistant can help prepare certain forms but cannot give legal advice.
Deadlines and fees
Timing: Submit Form 38 with the relevant initiating or responding document; if your address changes, file a new one and promptly serve the other parties. See Rules 18(16)–(20).
Fees: No separate filing fee for Form 38 is listed.
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
Using an out-of-date address or assuming an email address is always enough for service.
Check the current fee, courthouse and hearing instructions. Small-claims procedures can differ at Vancouver Robson Square and Richmond.