Getting Started in Small Claims Court:

Question: How do I start a lawsuit in Small Claims Court?

Answer:   To initiate a lawsuit in Small Claims Court, one must prepare and issue a Plaintiff's Claim using Form 7A, which is available online.  Completing this form involves providing basic information about the parties involved.  However, presenting the facts of the case clearly and effectively is crucial, often requiring careful wording to convey the story of the dispute.  Understanding the potential challenges of the litigation process is vital, including concerns about counterclaims and legal costs that may arise if the case does not go in your favour.  Anderson Aylwin Begg & Co. Legal Services Professional Corporation can assist you in navigating these complexities, ensuring that your claim is well-prepared and presented.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. 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 people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Before starting a Small Claims Court lawsuit, questions to consider include:

• What if a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than 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.