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 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 rules of process for starting a legal case in the Small Claims Court can be found in 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.