What Starts a Case In Small Claims Court?

Beginning a Small Claims Court Case Requires Issuing a Document Known As a Plaintiff's Claim and Then Serving the Document Upon the Other Side. After Service Upon the Defendant, An Affidavit of Service Is Filed With the Court.

Understanding the Importance of Properly Reviewing and Preparing Before Starting a Small Claims Court Case

Lawsuit Document To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of information.  The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, if any.  There are various rules regarding the extent of information that is required.  The rules on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in Rule 7 of the Rules of the Small Claims Court.

Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about 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 above questions, and many more, deserve careful review before haphazardly starting a lawsuit.  Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.

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