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What Is Small Claims Court
What is Small Claims Court? In Canada civil litigation involving small amounts, is filed in the Small Claims Court. Depending on the province you live in, the applicable small claims limit can vary from those seeking recompense of $15,000 to $20,000. At times even the most vigilant of us get taken for a ride by shoddy manufacturing or fast business practices. If all our efforts to resolve the dispute amicably fail, then our only option is to file a law suit seeking compensation.
But one thing to ensure before filing a suit is that the defendant has assets to settle your claim. If, after filing the suit and getting a verdict in your favor, the defendant is unable to settle your claim, it is all to no avail. Even though a lawyer’s services are not necessary in the small claims court, it is better to consult one or to engage a paralegal, to better one’s chances of winning a favorable ruling.
Paralegals do the same amount of work but at much more reasonable rates and so are used by many small claims plaintiffs and defendants. So they may be even more experienced in these cases than qualified lawyers. Even though the small claims court functions in a much more informal manner than regular courts, the entire process of filing a case, serving it, getting a response and then the final ruling can take up to a year. After all this comes the collecting part. In most cases, if the defendant is ready and willing to address the plaintiff’s complaint, there would be no need to civil action.
So there is no guarantee that he is going to pay the court decided compensation promptly. He is going to delay and drag as much as possible without courting the court’s contempt. Usually these cases are civil suits seeking compensation for accidents and injuries resulting from them, any damages to property, rent dues and similar disputes, bounced checks, outstanding debts, etc. By nature, these cases are informal and are only for monetary recompense. The small claims suit has to be filed in the court of the defendant’s jurisdiction.
Even though the small claims court is informal, still it is a court of law and deserves your respect. Carry all relevant documents with the essential details highlighted for admitting into evidence. Be well groomed and talk clearly and lucidly without becoming emotional. The court is interested in facts and not feelings. If there are witnesses involved, do not coach them or get them to prepare stories. If they say it as it happened, they will answer the same way.
If they are coached or have cooked up stories, they will stumble when the same question is presented in a different way. This is a trick employed by many lawyers to confuse witnesses and coaching them will always show in the way they respond. Above all, do not shout, yell or interrupt when the other party is presenting his case. This is just going to influence the judge in the wrong way. Be polite and civil, if not courteous. It will definitely show you in a good light, as a reasonable person against who wrong has been done. What is Small Claims Court?
But one thing to ensure before filing a suit is that the defendant has assets to settle your claim. If, after filing the suit and getting a verdict in your favor, the defendant is unable to settle your claim, it is all to no avail. Even though a lawyer’s services are not necessary in the small claims court, it is better to consult one or to engage a paralegal, to better one’s chances of winning a favorable ruling.
Paralegals do the same amount of work but at much more reasonable rates and so are used by many small claims plaintiffs and defendants. So they may be even more experienced in these cases than qualified lawyers. Even though the small claims court functions in a much more informal manner than regular courts, the entire process of filing a case, serving it, getting a response and then the final ruling can take up to a year. After all this comes the collecting part. In most cases, if the defendant is ready and willing to address the plaintiff’s complaint, there would be no need to civil action.
So there is no guarantee that he is going to pay the court decided compensation promptly. He is going to delay and drag as much as possible without courting the court’s contempt. Usually these cases are civil suits seeking compensation for accidents and injuries resulting from them, any damages to property, rent dues and similar disputes, bounced checks, outstanding debts, etc. By nature, these cases are informal and are only for monetary recompense. The small claims suit has to be filed in the court of the defendant’s jurisdiction.
Even though the small claims court is informal, still it is a court of law and deserves your respect. Carry all relevant documents with the essential details highlighted for admitting into evidence. Be well groomed and talk clearly and lucidly without becoming emotional. The court is interested in facts and not feelings. If there are witnesses involved, do not coach them or get them to prepare stories. If they say it as it happened, they will answer the same way.
If they are coached or have cooked up stories, they will stumble when the same question is presented in a different way. This is a trick employed by many lawyers to confuse witnesses and coaching them will always show in the way they respond. Above all, do not shout, yell or interrupt when the other party is presenting his case. This is just going to influence the judge in the wrong way. Be polite and civil, if not courteous. It will definitely show you in a good light, as a reasonable person against who wrong has been done. What is Small Claims Court?
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