What should I do if I’ve been served with a civil claim?
If you have been served with a civil claim, do not ignore it! Read it through carefully - the claim sets out allegations against you and the type of relief the other party is seeking. The next step is to determine which court the claim was filed in.
British Columbia
- If the claim was filed in provincial court, you will be served with a “notice of claim”. As the defendant, you must reply within 14 days of being served. If you live outside BC or Canada, extended timelines may apply.
- If the claim was filed in supreme court, you will be served with a “notice of civil claim”. As the defendant, you must reply within 21 days of being served. If you live outside BC or Canada, extended timelines may apply.
Alberta
- If the claim was filed in the court of justice, you’ll be served with a “civil claim”.
- If the claim was filed in the court of king’s bench, you’ll be served with a “statement of claim”.
- In both cases, as the defendant you must respond within 20 days of being served. If you live outside Alberta or Canada, extended timelines may apply.
In all provinces, the person suing is called the plaintiff, and the person responding is the defendant.
Consult a Lawyer
Civil cases are highly fact-specific, and even small details can affect the outcome. That’s why it is strongly recommended that you consult with a lawyer as soon as possible. A lawyer can explain your rights and obligations, prepare and file your response, and advise you on the best next steps.
This FAQ was prepared by Vancouver Civil and Estate Litigation Lawyer, Jiya Dassan, and Calgary Articling Student Neema Khalili.
