Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules

Question: What should I consider before starting a Small Claims Court lawsuit?

Answer:   It's vital to thoroughly review potential concerns such as counterclaims, unexpected complexities, and the implications of losing a case.  Askew Paralegal Services can guide you through the process, helping you to understand the rules and make informed decisions to protect your rights.  Seek professional advice to enhance your chances of a positive outcome in Small Claims Court.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible online.  The primary parts of the form are relatively easy involving simple fill in the blanks 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, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  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 many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about include:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

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.