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Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules
Question: What are the essential steps to commence a lawsuit in Small Claims Court?
Answer: To start a lawsuit in Small Claims Court, you must prepare and file a Plaintiff's Claim (Form 7A) while adhering to the rules under Rule 7, [O. Reg. 258/98]. Understanding the required information and potential pitfalls, such as countersuits and the implications of losing, can significantly impact your case's outcome. Seeking guidance can ensure you navigate the process more effectively.
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 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 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. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.