Also sometimes known as county or magistrate courts, small claims courts exist so that civil cases between private parties can be tried. Small claims cases involve monetary amounts that are relatively small. In some cases, small claims courts may also handle other functions, as is true in Toronto as well. They operate independently of superior courts.
If you need to present a case in small claims court, the monetary value of your case can't exceed $25,000. Small claims court cases can include such things as disputed wages, wages earned from an employer but not paid, landlord or tenant disputes, unpaid wages from services provided like plumbing and electrical work, and the like. For example, clients may refuse to pay for services rendered if they think service has been substandard; these types of matters are often settled in 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.
Once the court has decided it's going to hear your case, you'll be notified of a final hearing, and the data will happen. Two weeks before the final hearing, send any copies of documents you'll be presenting during your case to the court. Again, if you don't send these documents, your case is going to be postponed and you'll incur penalties as well. One of the things that may happen is that you may have to pay the cost of the suit in their entirety. Your lawyer will be able to help you navigate your way through this process, and tell you what happens next. The court will set a hearing date, and if you can't attend the hearing, you'll need to send this notification to them in writing and state your reasons as to why you can't attend.
The process of bringing a claim before the small claim court is a frustrating one without the right legal representative to aid you along. Because the verdict handed down is a final one, it is not subject to an appeal unless there was an irregularity in the proceedings or the court did not adhere to the law regarding the nature of your claim. Only good legal representation can decipher this on your behalf. The defendant in your case may also be uncooperative and may refuse to meet the court's ruling, wasting your time and money and forcing you to transfer the case to a higher court not to mention loosing out on the dues owed to you that are the subject of your claim. It is therefore important to retain the best legal representation to avoid these pitfalls.
If you need to present a case in small claims court, the monetary value of your case can't exceed $25,000. Small claims court cases can include such things as disputed wages, wages earned from an employer but not paid, landlord or tenant disputes, unpaid wages from services provided like plumbing and electrical work, and the like. For example, clients may refuse to pay for services rendered if they think service has been substandard; these types of matters are often settled in 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.
Once the court has decided it's going to hear your case, you'll be notified of a final hearing, and the data will happen. Two weeks before the final hearing, send any copies of documents you'll be presenting during your case to the court. Again, if you don't send these documents, your case is going to be postponed and you'll incur penalties as well. One of the things that may happen is that you may have to pay the cost of the suit in their entirety. Your lawyer will be able to help you navigate your way through this process, and tell you what happens next. The court will set a hearing date, and if you can't attend the hearing, you'll need to send this notification to them in writing and state your reasons as to why you can't attend.
The process of bringing a claim before the small claim court is a frustrating one without the right legal representative to aid you along. Because the verdict handed down is a final one, it is not subject to an appeal unless there was an irregularity in the proceedings or the court did not adhere to the law regarding the nature of your claim. Only good legal representation can decipher this on your behalf. The defendant in your case may also be uncooperative and may refuse to meet the court's ruling, wasting your time and money and forcing you to transfer the case to a higher court not to mention loosing out on the dues owed to you that are the subject of your claim. It is therefore important to retain the best legal representation to avoid these pitfalls.
About the Author:
Before you hire a lawyer, make sure you check Melissa Weber website, she is aSmall claims court that specializes in the GTA area
No comments:
Post a Comment