Small claims court is a good option for people who want to resolve a dispute quickly and inexpensively. The procedures are generally less complex than in superior court, and lawyers are not required.
Here is a step-by-step guide on how to start a small claims case:
- Determine whether your claim is eligible for small claims court. Check the monetary limit for small claims cases in your province or territory. You can also check with your local small claims court to see if there are any types of claims that are not eligible for small claims court.
- Complete a claim form. Claim forms are available from your local small claims court. The claim form will ask you to provide basic information about yourself, the defendant, and the nature of your claim.
- Pay the court fee. The court fee will vary depending on the province or territory in which you are filing your claim.
- Serve the defendant with the claim form. This can be done by mail or in person. You must provide the defendant with a copy of the claim form and any supporting documentation.
- Attend a hearing. If the defendant does not respond to the claim form, the court may enter a judgment in your favor by default. Otherwise, you will need to attend a hearing to present your case to the judge.
At the hearing, you will have the opportunity to tell your story and present your evidence. The defendant will also have the opportunity to present their case. After hearing both sides, the judge will make a decision.
If you win your case, the court may order the defendant to pay you money. The court may also order the defendant to pay your court costs.
If you lose your case, you may be ordered to pay the defendant’s court costs.
Here are some tips for starting a small claims case:
- Be clear and concise when completing the claim form.
- Make sure to serve the defendant with the claim form properly.
- Gather all of your evidence before the hearing. This may include contracts, receipts, invoices, and witness statements.
- Be prepared to tell your story clearly and concisely at the hearing.
- Be respectful to the judge and the defendant.
If you have any questions about starting a small claims case, you can contact your local small claims court.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.