Most people have likely heard of small claims court before. If you are unfamiliar with small claims court, it is where you would go to sue another individual citizen. There are no criminal charges heard in small claims court, and even the cases you can bring have a dollar limit of $25,000. In small claims court, you can handle your case with or without a lawyer, and the proceedings are usually more straightforward and less formal than a typical courtroom setting.

There are two main types of claims that are tried in small claims court, those being claims for debts and claims for damages. When you file your lawsuit in small claims court, you can either file it nearest to where the person you’re suing lives or works, or closest to where the event took place that resulted in you filing the suit. You might file in small claims court after an accident, a broken contract or damage to your personal property.

To begin the process, the plaintiff in the case must serve the claim to the defendant by registered mail, by courier, through a process server or personally. After it has been delivered, the defendant has a 40-day window to file a defence in the case. If the defendant files a defence, all the parties involved will be notified when to show up at small claims court for a pre-trial. In a pre-trial, all relevant parties in the case meet in a room and present their positions before a judge. Most cases that go to small claims court are settled in the pre-trial phase. If no defence is filed in a small claims court case, the plaintiff may move to collect his or her money with enforcement techniques approved by the court. These may include wage garnishment or property liens.

If a defence is filed within the time limit, but no settlement can be reached at the pre-trial, the plaintiff must schedule a court date with the court clerk. In most cases, the trial date comes about with six months of the pre-trial. During the trial in small claims court, each party can lay out their case and question witnesses in front of the judge. At the end of the trial, the judge will grant judgment to whomever he feels is in the right in that particular case. Whoever is successful in the small claims court case will proceed to enforce the judgment through the court.

Not every personal issue is able to go to small claims court. Things such as libel and slander don’t have a place in small claims court. It’s also not possible to sue someone over land ownership, or to sue the provincial or federal government as part of a small claims court case. If you feel like you have a case against someone for whatever reason, take the time to find out if it’s a case for small claims court before you proceed, to avoid preparing a case for nothing.

Prepare Small Claims forms the quick and easy way. EasyCourt\’s automated process makes filing Small Claims Court documents a snap.

Prepare Small Claims forms the quick and easy way. EasyCourt\’s automated process makes filing Small Claims Court documents a snap.
http://www.easycourt.ca

Author Bio: Prepare Small Claims forms the quick and easy way. EasyCourt\’s automated process makes filing Small Claims Court documents a snap.

Category: Legal
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