BC Small Claims Address for Service (Form 38): What It Is and How to File

What Is Form 38?

Form 38 is the Address for Service form in BC Provincial Court small claims. It tells the court and the other party where legal documents should be sent to you after the initial filing. Every party in a small claims case — claimant and defendant alike — must file one.

When you file a Notice of Claim (Form 1) as a claimant, you submit Form 38 alongside it. When the defendant files a Reply (Form 2), they also file their own Form 38. Without it, the registry does not know where to send hearing notices, orders, or other court documents.

Why It Matters

The address you put on Form 38 is the address the court and the opposing party use to serve you with subsequent documents — settlement conference notices, trial dates, orders, applications. If you move and do not update your Form 38, you may miss a hearing notice and have the case proceed without you.

Form 38 also determines whether you consent to receiving subsequent documents by email. If you provide an email address and check the consent box, the other side can serve subsequent documents (not the originating Notice of Claim, but everything after that) by email instead of mail. This speeds things up, but it also means you need to check that email regularly.

What to Include on Form 38

The form asks for:

Your full legal name. Exactly as it appears on your Notice of Claim or Reply.

Your address for personal service. This must be your residence, place of business, or lawyer's office. If you are incorporated or a partnership, it can be your registered office, place of business, or lawyer's office. A PO Box alone cannot be used for personal service.

Your address for mail or email service. Provide a mailing address or an email address. If you provide an email address and consent to email service, subsequent documents can be sent there.

Your phone number. So the registry or the other party can contact you about scheduling.

Your email address (optional but recommended). If you provide one and consent to email service, subsequent documents can be sent electronically. This is especially useful if you are filing through Court Services Online — you are already comfortable with digital communication.

Whether you consent to email service. This is a checkbox. If you check it, the other side can serve subsequent court documents by email to the address you provided. If you do not check it, they must use mail or personal delivery.

When to Update Form 38

If your address for service changes during the case, file an updated Form 38 at the registry and deliver a copy to each other party. Do not assume the court will find you at a new address just because Canada Post forwards your mail.

Cases in BC Provincial Court small claims can take months. Between filing and trial, people move, change phone numbers, and abandon email accounts. An out-of-date Form 38 means missed hearing notices and potentially a judgment entered against you because you did not show up.

Filing Form 38

File it at the same court registry where your claim is active. You can file in person, through CSO, or by mail. There is no separate fee for Form 38 — it accompanies your Notice of Claim or Reply.

If you are using CSO, Form 38 is typically included in the same electronic filing package as your main document. Check the CSO portal to confirm it was accepted, not rejected for formatting or missing fields.

The Difference Between Address for Service and the Defendant's Address

Your address for service on Form 38 is where documents come to you. The defendant's address — the one you serve the Notice of Claim to — is their residential or registered office address, found through a BC Registries search for companies or your own records for individuals.

These are two different addresses serving two different purposes. Do not confuse them when filling out your forms.

For a complete guide to every form and deadline in BC Provincial Court small claims, see our BC Provincial Court small claims guide.

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