Getting Started in Small Claims Court:

Question: How can a paralegal help me start a Small Claims Court case in Ontario by filing my Plaintiff’s Claim (Form 7A) the right way and avoid mistakes?

Answer: ?

Answer: Melville Legal can help you commence your Small Claims Court proceeding in Ontario by reviewing your facts for a clear chronology, preparing the Plaintiff’s Claim (Form 7A) under Rule 7, and flagging common pitfalls like incorrect party names, counterclaims, third party claims, and potential costs consequences   Our paralegal guidance also helps you understand what to include and what to leave out before you file, so you are not guessing at the process or the story you need to prove in court   If you want practical next steps, call (289) 981-7712 in Ontario to get help starting today.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible 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.  The rules on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in Rule 7 of the Rules of the Small Claims Court.

Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• 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 above questions, and many more, deserve careful review before haphazardly starting a lawsuit.  Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.