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

Question: What steps are involved in commencing a lawsuit in Small Claims Court?

Answer:   To initiate a lawsuit in Small Claims Court, you must prepare and issue a document known as a Plaintiff's Claim, specifically Form 7A, which is easily accessible online.  While filling out the form may seem straightforward, the real challenge lies in knowing what details to include or omit.  It is crucial to understand the rules surrounding this process, particularly those outlined in Rule 7 of the Rules of the Small Claims Court.  Engaging with Defend-It Legal Services Professional Corporation can provide you with guidance to navigate these complexities effectively, ensuring that your claim is structured correctly right from the outset. 

Commencing Proceedings and Retaining Legal Counsel 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 parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of 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, if any.  There are various rules regarding the extent of information that is required.  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 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 above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.