Also sometimes known as county or magistrate courts, small claims courts exist so that civil cases between private parties can be tried. Small claims cases involve monetary amounts that are relatively small. In some cases, small claims courts may also handle other functions, as is true in Toronto as well. They operate independently of superior courts.
If you go to small claims court to present a case, the monetary value of the case cannot be more than $25,000. Some examples of small claims court cases may include tenant and landlord disputes, wages owed by an employer and not paid, or compensation not rendered for services, like plumbing, electrical work, and so on; some clients for example, may refuse to pay for services rendered if they feel the service has been poor.
If you need to file a claim in small claims court, first, attempts to settle things yourself. You must have proof that you’ve tried to do so, and if you don’t, the court is going to penalize you. Try to negotiate an amicable solution with the other party in your case first. If you try for a month and have come to no solution, you’ve met your legal requirement. If that happens, write down everything you know about your case, and contact a lawyer. Your lawyer will work on your behalf, presenting this information to the court. In addition, you’ll need to tell the other party that you’re going to go to court to resolve this.
You’ll need to bring some things with you to small claims court when you present your case. First of all, you will need to prepare two copies of your claim, one for the court and one for yourself. You will need to pay court fees to file a claim, and the claim form will then be served on the defendant, the other party in your case. You can also present the form to the defendant once the court has stamped the document if you so choose. Other documentation, too, may be involved in your small claims case.
If the court decides it will hear your case, you’ll be notified that a final hearing will take place. Two weeks before the final hearing is going to take place, you’ll need to send any copies of documents you’ll be presenting during your case. If you don’t, you’ll be penalized and your case will be postponed. One of the penalties you may have to incur is that you’ll have to pay all the costs of the suit. Your lawyer can help you get through this process and tell you what to do. The court will set a hearing date; if you can’t attend the hearing, you’ll need to put this in writing and state your reasons before you send it to the court.
Trying to wend your way through small claims court by yourself can be very frustrating if you don’t have proper legal help. The final decision on the case IS final and isn’t subject to appeal unless something has been found not to be proper in the way proceedings were handled, or if the court did not follow law as it applied to the claim. A competent lawyer will be able to help you navigate through this difficult and sometimes confusing series of events. If the defendant does not comply, and doesn’t act in accordance with the court’s decision, this may also end up wasting your time and you have to continue proceedings in a higher court. In addition, you will not collect on any monies owed you that were the focus of your original claim. It’s very important, therefore, that you get proper legal representation so that you don’t have these problems.
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