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Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules
Question: What are the key considerations when initiating a lawsuit in Small Claims Court?
Answer: Starting a lawsuit in Small Claims Court requires careful preparation, especially regarding the necessary documentation and understanding what to include or exclude from your Plaintiff's Claim. Access Ontario Legal Services can provide guidance on navigating these complexities, ensuring that you are well-equipped to address potential pitfalls and enhance your chances of a favourable outcome.
Commencing Proceedings and Retaining Legal Counsel for Small Claims Court
Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available online. The main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of 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, if any. There are various rules regarding the extent of information that is required. 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 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. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.