BC Small Claims Reply to Claim — 14-Day Deadline and Form 2

The Reply Deadlines

After receiving a Notice of Claim, the defendant must file a Reply (Form 2) and an Address for Service (Form 38) at the court registry within:

• 14 calendar days if served within British Columbia
• 30 calendar days if served outside British Columbia

These deadlines start the day after service. Under BC's Interpretation Act, the day of service itself is excluded from the count. If the final day falls on a Saturday, Sunday, or statutory holiday, the deadline extends to the next business day.

What Happens If No Reply Is Filed

If the defendant misses the deadline, the claimant can apply for a default order under Small Claims Rule 6:

• For a fixed debt (an unpaid invoice, an unreturned deposit): The registrar can issue a Desk Default Order without a hearing. The order requires payment of the debt, pre-judgment interest, and court costs.
• For unliquidated damages (property damage, substandard work where the exact loss needs calculating): The registrar schedules an Assessment Hearing before a judge to determine the dollar amount.

A defendant may apply to cancel a default order under Rule 17(2). The application must include an affidavit explaining why they failed to reply or attend, facts showing a prima facie defence, and must be made within a reasonable time after they learned of the order.

The Five Response Options

When filing a Reply, the defendant may choose one or more of these five paths:

1. Pay the amount claimed. The defendant pays the claimant directly and asks the claimant to withdraw the claim. The claimant can file a Notice of Withdrawal (SCL 019) to close the file.

2. Admit all or part of the claim. The defendant may admit the whole claim or only the amount they agree is owed.

3. Admit all or part and propose a payment schedule. The defendant proposes installments for the amount admitted. The registry sends the proposal to the claimant. If accepted, the parties sign a Consent Order. If rejected, the claimant can request a Payment Hearing where a judge sets a binding repayment schedule.

4. Oppose all or part of the claim. The defendant sets out their factual defence — where the claimant's version is wrong, why they do not owe the money, or why the amount is incorrect. A settlement conference usually follows, subject to the exceptions in Rule 7(2), including claims under Rules 9.1 or 9.2, certain motor vehicle property-damage-only claims, and claims started by Form 34.

5. File a counterclaim. If the defendant has their own monetary claim against the claimant, they can file a counterclaim as part of their Reply. The fee is $100 for a counterclaim up to $3,000 and $156 for one over $3,000. Both claims are then heard together.

What Goes in the Reply (Form 2)

Form 2 asks for:

• The defendant's full legal name and address
• Whether the claim is admitted or disputed
• If disputed, the specific facts and reasons for the defense
• If proposing a payment plan, the proposed terms

The Reply fee is $50 for claims over $3,000 and $26 for claims at or below $3,000, unless the defendant has agreed to pay the entire claim.

After the Reply: Settlement Conference

Once a Reply opposing the claim is filed, the registry will generally schedule a Settlement Conference, subject to the Rule 7(2) exceptions noted above. A Provincial Court judge evaluates both sides and tries to help reach a settlement. Discussions are confidential and cannot be introduced as evidence at trial.

If the case does not settle, the judge issues pre-trial orders — including deadlines for exchanging witness lists, will-say statements, and document books — and the case moves toward trial.

Our BC Provincial Court Small Claims guide covers the Reply process, all five response options, and how to prepare for a settlement conference.

See more British Columbia guides →