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

Question: What are the key steps to commencing proceedings in Small Claims Court?

Answer:   Starting a lawsuit in Small Claims Court involves preparing the Plaintiff's Claim document, also known as Form 7A, which is available online.  While filling in the basic information can be straightforward, articulating the story accurately can be more complex.  It is vital to understand what information is necessary and what may be best omitted, as there are specific rules outlined in Rule 7 of the Rules of the Small Claims Court.  At White Owl Legal Services, we can guide you through this process, ensuring your claim is properly framed and strategically sound, minimizing potential pitfalls along the way.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found 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 prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at 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.