How Do I Sue In Small Claims Court?
Suing In Small Claims Court Starts With Issuing a Plaintiff's Claim Document and Serving the Plaintiff's Claim On the Defendant. After Service Upon the Defendant, An Affidavit of Service Is Filed With the Court.
Understanding the Importance of Properly Reviewing and Preparing Before Starting a Small Claims Court Case
Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim. The Plaintiff's Claim document is known as a Form 7A and can be found online. The main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit. More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.
Although many people think of the the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about. Things to think carefully about include:
- What if a counterclaim is brought against me?
- What if I lose the lawsuit?
- What if I lose and legal costs are awarded against me?
- What if the Defendant includes a 'third party'?
- What if I name someone wrong?
- What if the case is more complicated than expected?
The above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.
Kazubek Legalis an affordable Paralegal in:
Learn More About
Getting Started Within Small Claims Court:
It is quite reasonable that litigants expect a high quality for the adjudication of court proceedings, especially within a democratic society wherein the...Learn More
In civil litigation, meaning a lawsuit, the Plaintiff must prove that the allegations are true on a balance of probabilities as opposed to the beyond a...Learn More
Stress injuries, meaning emotional concerns such as anxiety, annoyance, disappointment, distress, fear, frustration, loss of peace of mind, upset, among other...Learn More
When Is a Legal Case Ripe For An Award of Punitive Damages? A Punitive Damage May Be Awarded Within a Case Where the Court Deems That the Misconduct By the...Learn More
After receiving a Small Claims Court lawsuit, being a Plaintiff's Claim document, a Defendant must respond in a timely fashion and with documentation prepared...Learn More
The law of issue estoppel relates to legal matters previously disputed and involves the res judicata principles which is Latin for things decided.Learn More
Although an inaccurate translation from the literal Latin, the principle of 'stare decisis' may be thought of as the starring precedent setting decision when a...Learn More
Professional advice and representation can make a significant difference in whether a Small Claims Court case results in failure or success.Learn More
Limitation periods are time limits that restrict when legal proceedings may be commenced. In Ontario, generally, with some specific exceptions, the...Learn More
The law despises waste and the doctrine of mitigation, being the duty to mitigate, is the mechanism that imposes an obligation upon a harmed party to take...Learn More
Does the Court Process Allow Allegations of Breach of Contract and Negligence In the Same Lawsuit? It Is Fully Proper to Include Allegations For Both Breach...Learn More
When a defendant seeks to rely upon the defence strategy that a lawsuit is statute barred for expiry of a limitation period, the defendant is required to...Learn More