How Does a Lawsuit Start?
Beginning a Small Claims Court Case Requires Issuing a Document Known As a Plaintiff's Claim and Then Serving the Document Upon the Other Side. After the Defendant, Being the Other Side Is Served, An Affidavit of Service Must Then Be 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. Diligent review of these questions and the potential pitfalls are highly important before getting started.
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
An Affidavit document is a document sworn or affirmed, under Oath, and a document for which the truthfulness of the statements within must be genuinely true.Learn More
A good and proper pleading document, again whether the commencing document, being the Plaintiff's Claim or Statement of Claim, or even the responding Defence...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, generally, permits reasonable name corrections as necessary. A correction is often made merely on Consent; however, if a party is unwilling to...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