Getting Started in Small Claims Court:

Question:How do I start a Small Claims Court lawsuit in Ontario and when should I retain a paralegal to help draft my Plaintiff’s Claim?

Answer:To start a Small Claims Court case, you generally file a Plaintiff’s Claim using Form 7A, then make sure your story is in a clear, sensible chronology and that the claim details match the court’s pleading requirements in Rules of the Small Claims Court (Rule 7).nbsp; Many people proceed without help, but common early problems include being countersued, misstating facts, naming the wrong party, or later facing costs and potential complications if the case expands or a third party is added.nbsp; If you want support drafting and reviewing the Plaintiff’s Claim and planning next steps, Askew Paralegal Services can help you move forward in Ontario Small Claims Court with clear, practical guidance; call (289) 439-4740 to book a consultation.

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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 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.

Note: Please contact Askew Paralegal Services by phone at: (289) 439-4740 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 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 above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.