What is Small Claims Court?
Small Claims Court is a division of the Superior Court that deals with monetary claims up to $25,000. These claims can be debts owed under an contract, damages caused by someone or something, or damages from a contract not being completed. Lastly, Small Claims Court can order an item to be returned that has a value under $25,000.
If you are the person bringing the claim, you are called the Plaintiff. If you have been served with a Claim, you are the Defendant.
Once a Claim has been issued by the Plaintiff, it has to be served on the Defendant. The Defendant will have 20 days to respond to the Plaintiff in a form of a Defence. Once this is served and filed with the Court, the Court will schedule a Settlement Conference. All parties will be required to attend the Settlement Conference with hopes of reaching a settlement before going to trial. If a settlement is not reached, it is then set down for trial.
We often tell our clients that litigation is like a tree. It starts with just a trunk of a tree, and it grows up in a straight line. As the tree gets older, it grows branches in every direction. A litigation matter is just like a tree. The Claim will often seem straight forward and simple but most often grows into a beautiful tree with lots of branches growing in every direction.
Bellum Legal can represent you from start to finish or can assist you along the way. Either way, we can help make it easier!
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Should you be involved in a legal matter and you don’t understand what needs to happen or what has to happened, please seek legal advice and ensure your interests are protected. Let Bellum Legal provide your small claims paralegal services.