How Does the Process at a Small Claims Court in Canada Go About?kapoorparalegal
How Does the Process at a Small Claims Court in Canada Go About?
To help small businesses and to avoid stacking big claims as more necessary, small claims court were formed. Small claims court would give you a comparatively quick process, but it also comes with the condition that your claim must not exceed $25,000. In case your claim exceeds the amount and you still are wishing to sue in a small claims court for its benefits, you still can by waiving off the excess claim over $25,000 if it is insignificant to you.
Where Do You Start?
Small Claims are designed in such a way that it is easy for a lay man to file a case. Approaching the clerk at the court and filling the documents provided should be enough. Usually a filing fee would be charged, but it can be avoided if you can get a fee waiver approved.
How Do You Proceed?
As simple as it was to file the case, proceeding towards it can be equally uncertain. Anything can happen in the court room. You might think that a party owes you money for the goods you sold, and it is fair to legally ask for it. But in reality, you would be asked documents where the opposite party signs the delivery and the proof for the attempts you made to collect your money. It is better to prepare for all scenarios and be backed with adequate evidences.
How Do You Act on the Judgement?
Let us say you won the case on the bases of your documents and proofs. The judge has now declared that yes, the opposite party owes you the amount and is liable to pay. That is it, the court will then be dismissed and it will be up to you to collect your money. Here is where you file another document to have lieu against the properties of the opposite party up to the extent of your claim.