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Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules
Question: What do I need to know before commencing proceedings in Small Claims Court?
Answer: It's essential to understand that starting a case involves completing a Plaintiff's Claim, but the process can be more complex than it appears. There are various considerations such as potential counterclaims, costs if you lose, and the risk of complications arising during the proceedings. Consulting a firm like Paladin LLP can provide valuable guidance before you initiate legal action, ensuring you're well-prepared for the challenges ahead.
Commencing Proceedings and Retaining Legal Counsel for Small Claims Court
Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available online. The main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of 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, if any. There are various rules regarding the extent of information that is required. The prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.
Although people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Concerns to carefully consider 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. Diligent review of these questions and the potential pitfalls are highly important before getting started.
