Filing of Claim
A person or an entity who is making a claim under the Small Claims Tribunal (SCT) is called the ‘claimant’, and the person or an entity whom the claim is brought against, is called the ‘respondent’.
A claim is instituted under the SCT once a claimant files his/her claim with the payment of a fee (see : the table of filling fees ) . A claimant must file his claim in-person. In addition, a counterclaim must also be made in-person. Subsequent correspondences can be done via email.
A counterclaim is when the Respondent has a claim against the Claimant in the same subject matter of the dispute. Should there be a counterclaim by the Respondent, it must be filed before any Order is made by the Registrar or, before the matter is heard by the adjudicator, whichever is earlier. The Counterclaim may also amount to a defence to the Claimant’s claim, the value of which must not exceed $10,000.
In a Counterclaim, the Respondent having made the counterclaim will be known as the ‘Counterclaimant’.
Filing can be made at the SCT Registry located at all four districts depending on where the matter/cause of action has arisen. This also applies to a respondent who wishes to make a counterclaim in the same subject matter.
After payment is made, a ‘notice of consultation’ (From 4) will be extended to the claimant (or counterclaimant) by the SCT Registry informing the date, time and location for the consultation between the parties concerned.
Filing fees are as shown below:
| | Not Exceeding $5,000
| Exceeding $5,000 (but not more than $10,000) |
| Consumer | $10.00 | $20.00 |
| Non-Consumer | $50.00 | $100.00 |
Disclaimer / Note: Once filed, the filing fees are not refundable and this applies if the matter falls outside the jurisdiction of the Small Claims Tribunal. The Small Claims Tribunal Registry does not provide any advice on whether the claim falls within the jurisdiction of the Small Claims Tribunal.
Service of Claim
After a claim is filed, the Claimant or Counterclaimant may either serve the printed Notice of Consultation attached with the claim details to the Respondent personally, or by post to the last known address of the Respondent. It may also be served by a process server of the court, or by any other means that the Registrar considers as appropriate and proper.
Court Process Server Fees
If a court process server is opted for by the claimant or counterclaimant, charges apply. They are as below:
| Distance | Fees |
Within 8 KM of the Small Claims Tribunal
| $20.00 |
More than 8 KM from the Small Claims Tribunal
| $40.00 |
Guide
Click here for a step-by-step guide on Small Claims Tribunal.
