$250.
Court of King’s Bench
| Commencement fee – Statement of Claim or Originating Application | $250 |
|---|---|
| Counterclaim (in addition to Statement of Defence fee) | $150 |
| Third Party Claim | $150 |
| Application (in the course of an action or proceeding) | $50 |
| Set a matter for trial | $600 |
How much does it cost to file a civil claim in Alberta?
What are the filing fees?
| Document | Description | Fee |
|---|---|---|
| Third Party Claim | $50 | |
| Application | For filing an application in the course of an action | $50 |
| Notice of Application under the Residential Tenancies Act or Mobile Home Sites Act | Claims up to and including $7,500 Claims over $7,500 up to and including $50,000 | $100 $200 |
How long do you have to file a statement of claim in Alberta?
Is there a time limit that I have to serve a Civil Claim within? The Civil Claim must be served on all Defendants within one year after the date that the Civil Claim was filed.
How much does it cost to file for divorce in Alberta?
There are some nominal other costs to divorce but, in general, consider the following average legal costs in Alberta: Uncontested divorce: approximately $1,740. Contested divorce: approximately $23,730. The separation agreement: approximately $2,500.
How do I file a small claims court in Alberta?
How to apply
- Choose the right forms. Family Law Act.
- Complete an affidavit or statement for each order you request.
- File the forms with a court clerk.
- Serve your application or claim.
- If you are filing an application, complete an Affidavit of Service for each applicant and respondent.
- Attend court.
How long does a civil lawsuit take in Alberta?
Default Judgment may be obtained in less than 40 days. A Request to Note in Default may be filed and you will proceed to an assessment of damages by way of a hearing or an Affidavit outlining the damages in support of Judgment. A Judgment may be obtained within 45 days.
What is a statement of claim Alberta?
A Statement of Claim is legal notice to you that someone with whom you are having a disagreement wants something from you – likely a judgment against you. The Statement of Claim is often prepared by a lawyer, though not always. It is issued by the Court of Queen’s Bench and this starts a legal action against you.
How much does it cost to go to small claims court in Alberta?
Civil Matters
| Civil Claim – valued at $7,500 or less | $100 |
|---|---|
| Civil Claim – valued over $7,500 | $200 |
| Dispute Note without a counterclaim | $25 |
| Dispute Note with a counterclaim valued at $7,500 or less | $75 |
| Dispute Note with a counterclaim valued greater than $7,500 | $125 |
What happens if a defendant does not respond to a statement of claim?
This means that if the defendant does not respond to the claim, the plaintiff can move forward in the lawsuit and proceed to obtain a judgment against the defendant without the need to inform or give notice to the defendant.
What happens if you ignore a statement of claim?
If you ignore the claim
If you receive a notice of claim and do nothing, the other party can get a judgment against you, just as if there had been a trial. This is called a default order.
What is the cheapest way to get a divorce in Alberta?
Uncontested Divorce Flat Rate Fees
Applying for an uncontested divorce need not be costly as we charge flat rate fees. However, if children are involved, or if unusual circumstances exist, such as the inability to locate your spouse, additional court applications result in additional costs.
Who pays for the divorce in Alberta?
The main issue of the divorce cost is who is going to bear the legal fee. The court may order the losing party to pay the legal costs of divorce. However, the result of a court trial in family law is often mixed. Suppose one party wins the custody of children and other party wins on the matter of the amount of support.
Does adultery affect divorce settlements in Alberta?
Adultery may have an impact on your Alberta spousal support arrangement, but not always. Much depends on whether your spouse has moved in with their paramour or not. If your spouse has moved in with their new lover then this can be used as grounds to deny them the payment of spousal support.
Do you need a lawyer for Small Claims Court Alberta?
The Alberta Provincial Court Process, also called Small Claims Court, is set up for people to navigate on their own.As a firm, the lawyers at Kahane Law Office in Calgary, encourage clients to represent themselves, when appropriate.
Can you sue for emotional distress in Alberta?
The short answer is yes. Any non-physical damage that results from the accident or injury, including emotional distress or mental anguish, could be considered pain and suffering under a legal claim.
Do you need a solicitor for Small Claims Court?
If you win, you can’t charge fees for any legal advice to the defendant. So if you pay for legal advice, you’re unlikely to get it back. This is why most claimants deal with a small claim without the help of a solicitor.
What happens after you file a civil claim?
After you issue your civil claim and the court serves it, and after the defendant files their defence, the court manages the next steps in the process (including the timetable) between then and the final hearing (trial) or settlement.
How long does a defendant have to respond to a claim?
If they send you an acknowledgement of service, they have 28 days to send you a reply. The 28 days start from when they receive the details of your claim. If you used Money Claims, the defendant has 19 days from the day the claim is made. If they need longer, they must tell the court.
How much does it cost to sue someone in Canada?
Filing a claim will cost between $100 to $215. Other steps in the process, such as setting a trial date or requesting a default judgment, can cost between $89 and $320. In some cases, filing fees can be waived if you cannot afford them and make a request for a fee waiver.
What makes a good statement of claim?
– The Statement of claim should start by identifying the parties to the dispute and their relationship to each other. – Include any relevant background facts. – Explain how and in what way the defendant has wronged you according to law. This is the legal basis for your claim.
What is required in a claim statement?
A claim must be arguable but stated as a fact. It must be debatable with inquiry and evidence; it is not a personal opinion or feeling. A claim defines your writing’s goals, direction, and scope. A good claim is specific and asserts a focused argument.