What Starts a Case In Small Claims Court?
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. Once the Other Side, Being the Defendant Is Served, An Affidavit of Service Is Then Filed With the Court.
A Helpful Guide For How to Prepare For Small Claims 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 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 I am countersued by the Defendant?
- What if I lose the case?
- What if I lose and the Defendant seeks costs against me?
- What if the Defendant sues another person as a 'third party'?
- What if I get a name wrong?
- What if the case becomes more complicated than originally 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.
Freed Legal Services provides affordable services as a 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
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
Can a Plaintiff Allege Breach of Contract and Negligence At the Same Time? It Is Fully Proper to Include Allegations For Both Breach of Contract and...Learn More