Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules

Question: How can I effectively commence proceedings in Small Claims Court?

Answer:   Commencing proceedings in Small Claims Court requires careful preparation of a Plaintiff's Claim document known as Form 7A.  While completing the form may seem straightforward, it is crucial to understand which details to present and which to withhold initially.  Navigating the rules found in Rule 7 of the Rules of the Small Claims Court can help minimize potential pitfalls, such as counterclaims or naming the wrong parties.  To enhance your chances of success, consider seeking guidance from Benchmark Legal Offices, where experienced professionals can assist you in effectively presenting your case and navigating the complexities of the process.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. 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 prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at 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. Before starting a Small Claims Court lawsuit, questions to consider include:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

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.