A Statement of Claim is a legal notice that initiates an action in the Court of Queen’s Bench of Alberta. The Statement of Claim will lay out what the Plaintiff’s facts, issues, and remedies requested. If you have been served with a Statement of Claim, it is very important to seek legal advice as you only have a limited time to respond. This blog post will briefly outline what you should do if you have been served with a Statement of Claim and why it is important.
How long do I have to respond to the Statement of Claim?
In Alberta, you have 20 days from the day that you were served to file a response with the court as stated in Rule 3.31 of the Alberta Rules of Court. The 20 day time period starts the day after you are served with the claim, and that is when you would begin counting to figure out the deadline.
What happens if I don’t respond?
If you do not respond to the Statement of Claim within the allotted time period, you can be Noted in Default and a judgement can be awarded against you. This judgement will be valid for 10 years and can be applied to your personal property such as your home. The judgment can also be used to garnish your wages or bank accounts. To avoid this, it is very important that you file a reply with the court within the 20 day time period or consult a lawyer to discuss your next steps.
Are there different ways to respond?
Yes, there are different ways that you can respond to a Statement of Claim, and they include:
- Statement of Defence – A Statement of Defence will outline your facts of the issue and your defences to the Plaintiff’s claim.
- Statement of Defence and Counterclaim – A Statement of Defence can also be supplemented with a Counterclaim if you have a successful claim against the Plaintiff.
- Demand for Notice by Defendants – If you don’t have a defence to the claim, but would still like to be notified of any court applications or proceedings in the action, then a Demand for Notice should be filed and served on the Plaintiff.
What should I do once I’ve been served with the Statement of Claim?
Once you’ve been served with a Statement of Claim, the clock to file your defence begins running. We recommend taking the following steps:
- Read the Statement of Claim thoroughly and begin preparing a point-form written summary of your side of the story. This will help you clarify your thoughts and will also help your lawyer prepare your defence.
- Collect all documentation involving the claim. Documentation should include all paperwork of the issues, all written correspondence (including text messages), all pictures, and any other applicable evidence that may be relevant to the claim. Preparing this now will help your lawyer and will make it easier for yourself down the line.
- Make a list of witnesses or other individuals involved in the action. Witnesses can be crucial to some cases, so it is important to note their information now. Additionally, there may be other individuals that share responsibility in this case that should be added to the claim as third parties.
- Lastly, we strongly recommend that you seek legal advice regarding your defence. Being proactive and consulting a lawyer at the beginning of your case can ensure that you have the best possible defence.
Why should I seek legal advice?
You should seek legal advice to be informed of the claim, your defences, and the law surrounding the issues in the claim. The law can be complex and hard to navigate on your own, consult with an experienced lawyer to ensure that your case is handled properly from the beginning. To speak with one of our experienced lawyers, fill out our contact form here, or contact our office at (403)770-9242 to schedule your free consultation.
