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 people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Before starting a Small Claims Court lawsuit, questions to consider include:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.