How Does a Lawsuit Start?
Suing In Small Claims Court Starts With Issuing a Plaintiff's Claim Document and Serving the Plaintiff's Claim On the Defendant. After Service Upon the Defendant, An Affidavit of Service Is Filed With the Court.
Understanding the Importance of Properly Reviewing and Preparing Before Starting a Small Claims Court Case
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 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 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 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 things to think about. Things to think about 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 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.
Learn More About
Getting Started Within Small Claims Court:
It is quite reasonable that litigants expect a high quality for the adjudication of court proceedings, especially within a democratic society wherein the...Learn More
In civil litigation, meaning a lawsuit, the Plaintiff must prove that the allegations are true on a balance of probabilities as opposed to the beyond a...Learn More
Stress injuries, meaning emotional concerns such as anxiety, annoyance, disappointment, distress, fear, frustration, loss of peace of mind, upset, among other...Learn More
When Is a Legal Case Ripe For An Award of Punitive Damages? A Punitive Damage May Be Awarded Within a Case Where the Court Deems That the Misconduct By the...Learn More
After receiving a Small Claims Court lawsuit, being a Plaintiff's Claim document, a Defendant must respond in a timely fashion and with documentation prepared...Learn More
An expert report should express an unbiased professional opinion that is supported by data and surveys, among other things, from authoritative sources, and...Learn More
Professional advice and representation can make a significant difference in whether a Small Claims Court case results in failure or success.Learn More
Limitation periods are time limits that restrict when legal proceedings may be commenced. In Ontario, generally, with some specific exceptions, the...Learn More
Can a Plaintiff Allege Breach of Contract and Negligence In the Same Lawsuit? Alleging Both Breach of Contract and Negligence In the Same Lawsuit Is...Learn More
When a defendant seeks to rely upon the defence strategy that a lawsuit is statute barred for expiry of a limitation period, the defendant is required to...Learn More