What Starts a Case In Small Claims Court?
A Small Claims Court Lawsuit Starts By Issuing a Plaintiff's Claim Document and Then Serving the Document Upon the Other Side. Once the Other Side, Being the Defendant Is Served, An Affidavit of Service Is Then Filed With the Court.
A Helpful Guide For How to Prepare For Small Claims Court
Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim. The Plaintiff's Claim document is known as a Form 7A and can be found 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.
Although many people think of the 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. Things 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. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.
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Getting Started Within Small Claims Court:
A good and proper pleading document, again whether the commencing document, being the Plaintiff's Claim or Statement of Claim, or even the responding Defence...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
Professional advice and representation can make a significant difference in whether a Small Claims Court case results in failure or success.Learn More