Financial Debt
Under $5000
Over $5000
Over $5000
Over $5000
Financial debt claims are those where the person making the claim or claimant is in the business of loaning money or extending credit. The debt must arise from a loan of money or the extension of credit in the course of that business (for example, credit card debt, loans and overdraft).
This applies to claims up to $25,000 for financial debt.
Summary Trials are only available at Robson Square court house in Vancouver.
A judge will hear the case in a 30-minute streamlined trial called a summary trial. A summary trial is designed to be faster than an ordinary trial and may not follow the formal rules of procedure and evidence. At the summary trial, the judge may ask you to explain your case, respond to the other parties, and call witnesses. You will be asked to take an oath or to affirm that you will tell the truth before giving your evidence in court.
At the end of the trial, the judge will make a payment order, dismiss the claim or order that the claim be set for mediation or a trial conference.
The Robson Square court registry in Vancouver will send you a notice showing the date of your summary trial. At least 14 days before the summary trial, you must file at the court registry any contracts, statements of account, proofs of payment or other documents on which you rely to support your case. At least seven days before the summary trial, you must serve a copy of the documents on each of the other parties.
If you require the services of an interpreter, you must provide your own accredited interpreter. Your lawyer will usually arrange this. However, if you do not have a lawyer, the Society of Translators & Interpreters of B.C. (www.stibc.org/directory.php) has a list of interpreters for a specific language in your area. You must pay all interpreter's fees yourself (with the exception of a sign language interpreter), unless the court rules in your favour and directs that your court costs be paid by the other side in your case. However, even if the court does order this, you will still need to pay all interpreter fees in advance. You would be reimbursed for this expense later.
If you need more information, visit the Court Services Branch website to access more information about interpreters: http://www.ag.gov.bc.ca/courts/civil/info/interpreter.htm
If you cannot make the date set for your summary trial, you can request to have the date changed. The first step is to ask the other parties to agree in writing to the change. If they agree, then you can file a consent order, with their written consents, at the Robson Square court registry in Vancouver.
If you are unable to reach an agreement with all parties, you may file an application to the registrar (Form 16) at least seven days before the date set for trial. The application must explain the reason you want to change the date and that you asked the other parties for their consent. If the application is granted by the registrar, a new date will be set for your summary trial.
If you are the claimant, your claim may be dismissed. If you are the defendant or person defending against the claim of financial debit, a payment order may be made against you.
For more information on the process for financial debt, see Small Claims Rule 9.2 or contact:
Vancouver - Robson Square Small Claims Court Registry
Telephone: 604-660-8989 Fax: 604-660-7095
