Small claims court is where you go to sort out disputes between you and another private party or a business. The cases heard in this type of court are financially based, rather than being criminally based. Judges in a small claims court will come to a fair determination of who is owed or not owed money and how much should be rewarded.
Unfortunately there is a cap that is setup with a small claims court, but it depends on the province in which you go to court. A great example of this is Ontario, Canada that only allows $10,000 as the maximum amount. Recently that has changed to $25,000, so if you file in Ontario this would be the most you could ask for in your claim.
That said, a judge can do a few different things after hearing all sides of your case and considering all of the evidence entered by you and the other party involved:
* Award you everything you are asking.
* Give you a lesser amount
* Award you nothing at all.
* Award your defendant instead, if they have entered a counter-claim.
What it comes down to is the best scenario would be to get everything you ask for as the plaintiff. Unfortunately this doesn’t always occur. Plus, if you’re unaware of the Canadian laws or even the local laws in the province it can be even more difficult.
Instead of going into the small claims court without being prepared, most people turn to a paralegal to represent them. They will be able to inform you of all the laws and give you that extra edge that is needed in the courtroom. A few things they will be able to advise you on will be:
* Everything will need to be entered as evidence
* What you should or should not say in court.
* How to behave in court and respond to your defendant’s comments.
* The specific ways to file paperwork and how to clearly describe your case to the judge.
Judges pick up on very small discrepancies between a written statement and verbal testimony inside a court, so it is important that you have a paralegal’s assistance in preparing your initial paperwork. This will save you the hassle of trying to explain yourself and overcome seeming inconsistencies when you find yourself in court making your case.
One of the best parts to hiring a paralegal is they will help you keep from misrepresenting yourself and getting confused in the process. If this is your first go round in a small claims court, it can be a nightmare if you’re not prepared.
You: The Defendant
If you happen to be the defendant in the situation, the first thing you should do is hire representation. Taking this route will give the paralegal on your side an opportunity to explain the process and provide you with any loopholes or mistakes that occurred on the filer’s part. This alone could get you off the hook immediately or even end up giving you an award instead with your counter-claim.
No matter what side of the case you are on, the Canadian legal system can be complicated and you definitely need to seek representation! Even though criminal charges and jail time are not on the table, you still stand to lose quite a bit if you are ruled against in a small claims court proceeding.
Before you hire a lawyer, make sure you check Melissa Weber website, she is aOntario small claims court that specializes in the GTA area