Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules

Question: What steps do I need to take to start a lawsuit in Small Claims Court?

Answer:   To commence a lawsuit in Small Claims Court, you must prepare and issue a document called a Plaintiff's Claim, using Form 7A, which is readily available online.  While completing the form may seem straightforward, the critical challenge lies in knowing what information to include or omit to ensure your case is strong.  Understanding the potential complications, such as counterclaims or inaccuracies, is vital before proceeding.  For expert guidance, consider contacting Woodcock Legal Services, where our knowledgeable team can assist you throughout the process to help you achieve the best possible outcome.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible 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 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 the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

• 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.