What You Need To Know Before You Begin

Small Claims Court is meant to be a Court that can be accessible to everyone. The forms follow a more ‘fill in the blank’ style. This means that the process is a lot more straightforward and easier to navigate. In Small Claims Court we can provide you with guidance or act on your behalf.

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How To Determine If You Have A Claim In Small Claims Court

Monetary Claim Amounts: You can sue someone in Small Claims Court if the amount you are seeking is valued at $25,000 or less. If the amount is greater than $25,000, you will need to commence your claim in the Superior Court.

Limitation Period: A claim must commence within 2 years of when the claim is ‘discovered.’ If you are unsure of whether you have adequate time to begin your claim, speak to a lawyer.

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How To Start A Claim

If you fall within the monetary limits and your claim is within the limitation periods, you may have grounds to begin your claim. This is usually commenced with a Plaintiff’s Claim.

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When A Claim Is Started Against You

If you are served with a claim that has been commenced against you, it is advisable to file a Defence. Failure to file a response will give the plaintiff the ability to ask the court to find you responsible for the full amount being claimed.

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How To Defend Your Claim

In order to defend your claim, you must fill out the requisite forms. Remember that forms are time sensitive so it’s better to act sooner than later.

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Costs

Based on the outcome of the claim, you may be responsible for legal costs and filing costs with interest. However, it is at the discretion of the judge.

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If you have questions about any part of this process, please call us to clarify.

We will be by your side, ready to represent you and protect your rights to the fullest extent of the law.

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