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Getting Started in Small Claims Court:
Professional Representation and Proper Documents per Forms and Rules
Question: What should I consider before commencing a Small Claims Court lawsuit?
Answer: It is essential to carefully evaluate potential complications and outcomes, such as countersuits, costs, and possible errors, before proceeding with a lawsuit. Sharda Sankar Bickramsingh, Licensed Paralegal & Notary Public, can help navigate these complexities to ensure you understand the legal landscape and make informed decisions.
Commencing Proceedings and Retaining Legal Counsel for Small Claims Court
To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim. The Plaintiff's Claim is a form, known as Form 7A, and is available 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 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 many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about. Concerns to think carefully about include:
- What if I am countersued by the Defendant?
- What if I lose the case?
- What if I lose and the Defendant seeks costs against me?
- What if the Defendant sues another person as a 'third party'?
- What if I get a name wrong?
- What if the case becomes more complicated than originally expected?
The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.
