Small claims courts are also known as magistrate courts or county courts, depending on where you live. Small claims courts have as their purpose to try civil cases between private parties; these cases involve monetary amounts that are not particularly large. These courts also sometimes handle other functions, and this is also true in Toronto. Small claims courts do operate independently of superior courts.
The types of claims presented before these types of courts are those of values not exceeding $25,000. Wages owed in lieu of notice by an employer, tenant and landlord disputes, compensation for poor service rendered like in the case of plumbers and compensation for the damage of delivered goods like DVD players are some of the claims brought before a small claims court.
Before you can file a claim in small claims court, you have to have attempted to settle things yourself before hand, and you have to have proof of this. If you don’t, the court will penalize you. Try to negotiate an amicable solution with the party in question first. If you try for a month and fail, you’ve met this legal requirement; in that case, write down everything you know about your case, and then get a lawyer. Your lawyer will then present this information to the court. You also have to warn the other party that you will be going to court to resolve this.
There are a number of documents involved in bringing a case before the small claims court. You need to first prepare your claim in two copies, retaining one for yourself and presenting the other to the court to file. A court fee is included in this process. That claim form is then served to the defendant. You can do this yourself once the document has been stamped by the court. There are a number of other documentations involved in this process.
If the court decides it will hear your case, you’ll be notified that a final hearing will take place. Two weeks before the final hearing is going to take place, you’ll need to send any copies of documents you’ll be presenting during your case. If you don’t, you’ll be penalized and your case will be postponed. One of the penalties you may have to incur is that you’ll have to pay all the costs of the suit. Your lawyer can help you get through this process and tell you what to do. The court will set a hearing date; if you can’t attend the hearing, you’ll need to put this in writing and state your reasons before you send it to the court.
It can be very frustrating indeed if you don’t have proper legal representation. When the verdict is handed down, it is deemed final. It’s not subject to appeal unless an irregularity has been found in the proceedings or the court did not adhere to the law as it pertained to claim. Only a good lawyer is going to be able to help you find your way through this process. If the defendant is a cooperative, and refuses to cooperate with the court’s ruling, you’ll waste your time and money in small claims court and may force transfer to a higher court. Besides that, you may lose out on monies owed you that were the original subject of your claim. Because of that, it’s very important that you get a good lawyer so that you don’t experience these difficulties.
Before you hire a lawyer, make sure you check Melissa Weber website, she is aSmall claims court Toronto that specializes in the GTA area
July 6, 2010 by Melissa Weber