Caruso Legal Services Works Hard Putting Your Best Case Forward
if you are suing or being sued for $35,000 or less, you can hire us for that. That would be in Most cases classified as a Small Claims Court matter.
Have you ever been in a situation where you loan money to a friend and they never paid you back? Or maybe you run a small business and you have that one customer who just never pays their bills, no matter how much you call them.
In Ontario, many people turn to the small claims court to help them collect money in a variety of situations like unpaid wages, unpaid rent, or unpaid bills.
The small claims court deals with cases that involve $35,000 or less, but it’s not as simple as calling up your local courthouse and telling them that your friend or customer owes you some money.
So how does the small claims court actually work?
Well, it all starts with a form called a plaintiff’s claim.
You can download that form and after you fill out the form. A judge will eventually read it, so it’s important to fill it out correctly. The form will tell the judge who was starting the lawsuit and who was being sued and why. The person who starts the lawsuit is called the plaintiff, and the person who is being sued is called the defendant.
The plaintiffs can sue more than one defendant in the same lawsuit. You can either fill out the plaintiff’s claim yourself or you can ask a Paralegal to help you fill it out. The form will ask you what happened and why you are suing the defendant. It’s important to write out a detailed explanation of how much money you are owed and why you believe you are owed that money.
How Do Lawsuits In Small Claims Court Work?
Receiving Professional Representation In Small Claims Court Matters Provides a Strong Advantage and Can Be of Great Importance Whereas the Legal Issues Involved Can Be Complicated. Additionally, With Claims of Up to $35,000 Per Plaintiff, Going Alone is Risky.
According to the Ministry of the Attorney General, the Small Claims Court is the busiest civil litigation court in Ontario. With the fast pace of a Court having mandate to handle matters in a ‘summary’ fashion as well as the volume of matters upon the docket, getting your best foot forward in a brief and clear manner is of utmost importance. Caruso Legal Services prepares materials and arguments for presentation in the concise and expeditious manner required by Judges of the Small Claims Court.
Actions brought in what is called the Small Claims Court occur in the Superior Court of Justice. Accordingly, what is known as the Small Claims Court is actually somewhat of a misnomer. It is perhaps better to think of the Small Claims Court as a civil litigation court department assigned to handle a subset of cases involving claims for compensation up to $25,000 per Plaintiff (increased to $35,000 effective January 2020) plus legal costs and interest. Another difference is that cases brought in the Small Claims Court are usually heard by Deputy Judges. The Deputy Judges are lawyers with at least ten years of experience who are appointed to act as part-time judges in the Small Claims Court. Still another key difference is that Small Claims Court cases are conducted in accordance to Rules of the Small Claims Court which are a trimmed-down set of procedural rules that help ensure small claims cases progress expeditiously from beginning to end.
Although the Small Claims Court handles the smaller claims brought to litigation, with claims of up to $35,000 per Plaintiff, these lawsuits are always treated as very important by Caruso Legal Services – after all, money matters are never truly ‘small’; furthermore, these claims can, and often do, involve the same complex issues litigated in the unlimited court.