How Do I Start a Case In Small Claims Court?
A Small Claims Court Lawsuit Starts By Issuing a Plaintiff's Claim Document and Then Serving the Document Upon the Other Side. Once the Other Side, Being the Defendant Is Served, An Affidavit of Service Is Then Filed With the Court.
To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim. The Plaintiff's Claim is a form, known as Form 7A, and is available online. The main form parts of the form are relatively easy involving simple fill in the blanks information. The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, or at least to avoid in the beginning. There are many rules regarding the manner of what should be provided. The rules on starting a Small Claims Court lawsuit, referred to formally as 'commencing a proceeding', are found in Rule 7 of the Rules of the Small Claims Court.
Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as things to think about. Things to think 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.
Grant Winegarden Paralegal Professional Corporation provides Small Claims Court help for clients located in St. Thomas, Komoka, Tillsonburg, Elgin County, Sheddon, among other places!
A helpful guide providing tips and hints to understanding the best approach that is most likely to lead to success for a Small Claims Court case.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
When a family member is injured, there are often indirect consequences to other immediate family members living within the household such as the need to 'pick...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
Stress injuries, meaning emotional concerns such as anxiety, annoyance, disappointment, distress, fear, frustration, loss of peace of mind, upset, among other...Learn More