Small Claims Mindmap

Flussdiagrammknoten

• START FILE AT COURT: Plaintiffs Claim[7A] SERVE (the defendants): MUST SERVE THE DEFENDANTS WITHIN 6 MONTHS OF STARTING CLAIM Plaintiffs Claim[7A] FILE AT COURT: Plaintiffs Claim[7A] AND Affidavit of Service[8A] for each defendant

• MUST SERVE AND FILE WITHIN 20 DAYS AFTER YOU RECEIVE CLAIM. HOWEVER, AFTER 20 DAY DEADLINE, YOU CAN STILL FILE AS LONG AS THE PLAINTIFF HAS NOT YET ASKED THE COURT TO NOTE YOU IN  DEFAULT OR WITH LEAVE OF THE COURT IF YOU HAVE BEEN NOTED IN DEFAULT ALREADY SERVE (To Plaintiff and Other Parties): Defence Form [9A] FILE AT COURT:  Defence Form [9A] AND Affidavit of Service [8A]  

• IF DEFENDANT WANTS TO CLAIM AGAINST PLAINTIFF OR OTHER PARTIES THEN FILE AT COURT:  MUST FILE WITHIN 20 DAYS AFTER FILING DEFENCE, UNLESS YOU HAVE LEAVE OF COURT Defendant's Claim[10A] SERVE (TO ORIGINAL PLAINTIFF OR OTHER PARTIES): Defendant's Claim [10A]

• ENFORCEMENT OF JUDGEMENT

• FILE AT COURT: Notice of Garnishment [2E] AND Affidavit for Enforcement Request [20P] SERVE (On Garnishee): Stamped Notice of Garnishment [2E] AND Garnishee's Statement [20F] SERVE (On Debtor/Defendant): MUST SERVE WITHIN 5 DAYS OF SERVING THE GARNISHEE Stamped Notice of Garnishment [20E] AND Affidavit of Enforcement Request [20P]        

• PLAINTIFF

• DEFENDANT

• GARNISHEE MUST SERVE (Creditor and Debtor): Garnishee's Statement [20F] FILE AT COURT: Garnishee's Statement [20F]

• DEFAULT JUDGEMENT

• FILE AT COURT:  REQUEST TO DEFAULT CAN ONLY BE PERMITTED IF DEFENDANTS FAIL TO SERVE AND FILE DEFENCE WITHIN 20 DAYS Request to Clerk[9B] to note defendants TWO OPTIONS   1. IF CLAIM CONTAINS SPECIFIED SUM OF MONEY(example sale of goods, unpaid rent, etc) THEN: FILE AT COURT:  Default Judgement[11B] (Clerk will sign the default judgement)   2. IF CLAIM IS FOR DAMAGES(physical injury or damaged property THEN:     Make Written request for motion-in-writing by MAYBE SERVE (the defendant) but FILE: Notice of Motion and Supporting Affidavit[15A] OR Ask for Assessment hearing before judge by Request to Clerk[9B]