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.
Litigation can be stressful and a long and complicated process. If you are the Defendant, then you have been served with a Claim and you have 20 days to respond before the Plaintiff can note you in Default and pursue a Default Judgment. Reach out to us at your earliest convenience so that we can assist in making sure that we abide by the court timelines. Even if you want to do this on your own, a consultation with us will give you a clearer path and strategy of how to move forward.
If you are the Plaintiff, we suggest you come in for a consultation to see what the strengths and weaknesses of your claim are. We can review the process and help you determine if this is something that you can do on your own or if you need our help. Either way, a consultation can give you clearer perspective of what to expect as a Plaintiff.
Book your consultation now with us and let us help you on this journey.
Let Us Help
We want to make sure that you are maneuvering through the legal process without stress and with ease. At minimum come and see us for a consultation so we can ensure you are on the right path. Our consultation is $135 plus HST. If you decide that you then need representation, we will be more than happy to help and take that journey with you.