Once you get the petition, the first thing you will have to do is file a response to the petition (Form 67), which tells the lender that you are going to want to respond to the statements that the lender has made and that you want to receive notice of the hearing of the petition. It also provides the lender with your address for delivery so the lender can mail or fax or deliver documents to you.
You will also have to serve the lender with 2 copies of the filed response to petition and 2 copies of each filed affidavit if any.
If you have been served with a petition and do not file a response, the lender is not obligated to give you notice of the time and date of the hearing of the petition and there will be a hearing without you .
The time frame that you have to prepare, file and deliver a response to the petition is:
- If you reside anywhere within Canada, within 21 days after the date on which a copy of the filed petition was served on you
- If you reside in the United States, within 35 days after the date on which a copy of the filed petition was served on you
- If you reside in the elsewhere, within 49 days after the date on which a copy of the filed petition was served on you
Note: Court forms are available at www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm