Getting Started in Small Claims Court:

Question: What should I do to properly start a Small Claims Court lawsuit in Ontario and hire a paralegal to review my Plaintiff’s Claim (Form 7A)?

Answer: Paladin LLP can help you start a Small Claims Court action the right way by reviewing your Plaintiff’s Claim (Form 7A) and making sure your facts are in a clear chronological story, including what to include or omit before you issue the document, so you avoid common early errors like naming the wrong party or mishandling potential counterclaims   If you want a paralegal in Ontario to assess your situation and next steps under Rule 7 requirements, call (289) 925-1572 for a free 1-hour consultation and get practical guidance for commencing proceedings, handling risks, and preparing for what comes after filing.

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Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found online.  The main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  The rules of process for starting a legal case in the Small Claims Court can be found in Rule 7 of the Rules of the Small Claims Court.

Note: Please contact Paladin LLP by phone at: (289) 925-1572 to discuss any specific questions that you may have.

Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• What if I am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally 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.