1. What Is a Small Claim in Calgary?
A small claim in Calgary is a legal dispute handled by the Civil Division of Alberta’s Provincial Court. Small claims are typically used for claims of up to $50,000 (the monetary limit in Alberta) and are meant to resolve disputes efficiently without needing a lawyer.
2. Types of Cases Handled in Small Claims Court
You can file a small claim in Calgary for:
- Unpaid debts: Loans, wages, or invoices.
- Property damage: Vehicle accidents or negligence.
- Breach of contract: Unfulfilled agreements or poor-quality services.
- Security deposits: Disputes with landlords or tenants.
- Personal injury claims: Minor injuries where damages do not exceed $50,000.
3. Monetary Limit for Small Claims in Calgary
The maximum monetary limit for small claims in Alberta is $50,000.
- If your claim exceeds this limit, you can:
- Waive the excess amount to stay within the limit.
- File your case in the Alberta Court of King’s Bench.
4. Steps to File a Small Claim in Calgary
Step 1: Attempt to Resolve the Dispute
- Before filing, try to settle the matter directly with the other party.
- Consider mediation or alternative dispute resolution.
Step 2: Determine the Correct Court Location
- File your claim at the Provincial Court Civil Division nearest to where:
- The defendant resides or operates a business.
- The incident or dispute occurred.
Step 3: Complete the Civil Claim Form
- Obtain the Civil Claim (Form 10-Claim) from the Alberta Courts website or a local court office.
- Provide the following details:
- Plaintiff Information: Your name, address, and contact details.
- Defendant Information: Name and address of the individual or business.
- Claim Details: A concise explanation of the dispute and the amount claimed.
Step 4: File the Claim
- Submit the completed form in person or via mail to the Calgary Provincial Court Civil Division.
- Pay the filing fee based on your claim amount:
| Claim Amount | Filing Fee |
|---|---|
| Up to $7,500 | $100 |
| $7,501 to $50,000 | $200 |
Step 5: Serve the Defendant
- Notify the defendant by delivering a copy of the filed claim using:
- Personal Service: Delivered by someone other than you, over 18 years old.
- Registered Mail: To the defendant’s address.
- File an Affidavit of Service to confirm the defendant has been served.
Step 6: Wait for the Defendant’s Response
- The defendant has 20 days to file a Dispute Note (Form 11) if they wish to contest the claim.
- If no response is received, you can request a default judgment.
Step 7: Prepare for the Hearing
- Gather evidence, including contracts, invoices, photos, and witness statements.
- Practice presenting your case clearly and concisely.
Step 8: Attend the Hearing
- Present your case to the judge, focusing on key facts and evidence.
- The judge will issue a ruling based on the evidence and arguments.
5. Tips for Filing a Small Claim in Calgary
- Be Accurate: Double-check all details on your claim form.
- Bring Evidence: Strong documentation strengthens your case.
- Meet Deadlines: Ensure your forms are filed and served within the required timelines.
- Be Respectful: Maintain a professional demeanor in court.
- Consider Mediation: Alberta offers mediation programs to resolve disputes outside of court.
6. Frequently Asked Questions (FAQs)
1. Can I file a small claim in Calgary online?
Currently, small claims must be filed in person or by mail. Check the Alberta Courts website for updates.
2. Do I need a lawyer for small claims court?
No, small claims court is designed for self-representation, but you may consult a lawyer for advice.
3. What happens if the defendant doesn’t respond?
You can request a default judgment, which allows the court to decide in your favor.
4. Can I appeal the decision?
Yes, you can appeal to the Alberta Court of King’s Bench within 30 days of the judgment.
5. How long does the small claims process take?
Timelines vary but typically range from a few months to over a year, depending on the complexity of the case and court availability.
Conclusion
Filing a small claim in Calgary’s Provincial Court Civil Division is a straightforward process designed to resolve disputes efficiently. By following the steps above and preparing thoroughly, you can navigate the system with confidence and work toward a fair resolution. For more information, visit the Alberta Courts website or contact your local court office.
Leave a Reply