The costs of filing a small claims claim vary depending on the province or territory in which you are filing the claim. However, there are some general principles that apply across the country.
Court filing fees
The first cost that you will need to pay is a court filing fee. This fee is typically between $100 and $200. The exact amount of the filing fee will vary depending on the province or territory in which you are filing the claim and the amount of money that you are claiming.
Service fees
Once you have filed your claim, you will need to serve the defendant with a copy of the claim form. This can be done by mail or in person. If you serve the defendant by mail, you will need to pay a postage fee. If you serve the defendant in person, you may need to pay a service fee. The exact amount of the service fee will vary depending on the province or territory in which you are filing the claim.
Other costs
There may be other costs associated with filing a small claims claim, such as the costs of photocopying documents or hiring a witness. The exact costs that you will incur will vary depending on the specific facts of your case.
How to reduce the costs of filing a small claims case
There are a few things that you can do to reduce the costs of filing a small claims case:
- File your claim online. Many provinces and territories now allow you to file your small claims case online. This can save you time and money on postage and other fees.
- Serve the defendant yourself. If you can serve the defendant yourself, you will save money on service fees.
- Limit the number of witnesses that you call. Each witness that you call will need to be subpoenaed. Subpoenas can be expensive, so it is important to limit the number of witnesses that you call to the essential ones.
- Mediate your dispute. Mediation is a free process where a neutral third party helps the parties to reach a settlement. If you can reach a settlement with the defendant through mediation, you will avoid the costs of going to trial.
While there are some costs associated with filing a small claims case, the costs are generally relatively low. Small claims court is a valuable resource for people who have been wronged but cannot afford to hire a lawyer.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.