Getting Started in Small Claims Court:

Question: How can a paralegal at Caruso Legal Services help me start a Small Claims Court case in Ontario and decide what to include in my Plaintiff’s Claim (Form 7A)?

Answer: ?

Answer: Caruso Legal Services can help you prepare to commence a Small Claims Court claim by reviewing your facts for relevance, identifying what to include in your Plaintiff’s Claim (Form 7A), and applying the starting-procedure requirements under Rule 7 before you file, so you reduce common early risks like counterclaims, naming errors, and avoidable cost exposure, they can also explain how the process can change if the defendant brings a third party or if the case becomes more complex than expected. If you need help getting started in Ontario, call (289) 271-0488 to discuss your situation today.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  The rules on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in 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 a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than expected?

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.