Small claims is one solution

BAILA LAZARUS EDITOR

Trying to get a refund for a badly done roofing job, a car fender that was accidentally scratched when the oil was being changed or a damage deposit that was never returned can be an effort in futility. Often, businesses know that their customers don't want to take the time to go to court so they think they can get away with not paying for damages that they have caused or money that they owe. Sadly, this is too often true.

If you feel it's worth your time and effort to chase after the money you feel is owed to you, small claims court could be the perfect solution. If your claim is under $10,000, you don't mind filling out a few forms and you can take a day off work, there is a legal solution that allows just about anyone to participate and you don't need to know anything about the law.

To start, British Columbia's attorney general's office offers easy-to-understand booklets covering such topics as What is Small Claims Court?, Making a Claim, Serving Documents and Getting Ready for Court. These can be read online at www.ag.gov.bc.ca/ courts/civil/smallclaims.

Basically, once you have exhausted all other means to get what you feel is owed to you, you pay a visit to the small claims court registry (downstairs near the giant orange sculpture at the corner of Robson and Hornby) and get a notice of claim. This starts the ball rolling. Instructions are included and the registry staff will help with any questions. Before a trial is set, the court tries to resolve the issue at a settlement conference. If this doesn't work, the parties must go to trial.

One of the key things to be aware of at small claims court is that, although you may hire a lawyer to represent you, it is not necessary. The judges are aware that most people represent themselves and have little or no experience in the courtroom. But if you've never been to court, it can be daunting, especially since each side is allowed to cross-examine the other. A good idea would be to go down to the courthouse a few weeks before and find out who your judge is going to be and what cases are coming up. You are allowed to sit in as an observer so you can see how a similar case is dealt with or even sit in on a case being presided by the same judge you will have.

Remember to come well-prepared. Bring two copies of all your documents (number the pages) to give to the judge and defendant. Prepare detailed notes of any conversations you had with the defendant that are pertinent to the case. The more sure you sound about agreements that were made verbally, the more likely it is that you will be believed.

Finally, don't expect to be in and out quickly. Some cases might take an hour or two, others might run the whole day.

If you should decide to consult with a lawyer regarding your case, you can contact the Legal Aid – Legal Services Society at 604-601-6000 (Vancouver), 604-273-9311 (Richmond) or 604-980-7000 (North Vancouver).

^TOP