How Do I Start a Lawsuit 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. 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
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 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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.
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
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
Corporate Veil Unveiled For Proper Understanding of Limited Liability Protection By: Scott McEachern Firstly, let me start this article with a...Learn More
Upon settling a legal dispute, the law implies and expects that the party on the defensive will require a signed Release from the other party.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
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
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? Alleging Both Breach of Contract and Negligence In the Same Lawsuit Is Permitted...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
Legal documents generally require formal serving upon the opposing party. In some circumstances, legal documents must be served by an independent...Learn More