There are several benefits to using small claims court, including:
Affordability: Small claims court is relatively inexpensive to file in. The court filing fees are generally low, and you do not need to hire a lawyer.
Speed: Small claims cases are typically heard and decided much more quickly than cases in superior court.
Simplicity: Small claims courts are designed to be accessible to people without legal training. The procedures are generally less complex than in superior court.
Fairness: Small claims judges are trained to be fair and impartial. They will consider both sides of the case before making a decision.
Here are some specific examples of the benefits of using small claims court:
- If you have purchased a defective product and the store is refusing to refund you, you can file a small claims claim to get your money back.
- If you have been injured in a minor car accident and the other driver is refusing to pay for your damages, you can file a small claims claim to get the compensation that you deserve.
- If you have a dispute with your landlord, such as a dispute over repairs or rent, you can file a small claims claim to resolve the dispute.
Is small claims court right for you?
Small claims court is not right for every case. If your case is complex or involves a large amount of money, you may want to consider hiring a lawyer and filing your case in superior court. However, if your case is relatively simple and involves a small amount of money, a small claims court is a good option to consider.
How to file a small claims claim
The process for filing a small claims claim varies from province to province. However, there are some general steps that are common to all jurisdictions.
- 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 filing fee. The court filing 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.
- 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.
Tips for filing a small claims claim
Here are some tips for filing a small claims claim:
- 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 filing a small claims claim, 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.