A small claims court’s purpose is to simplify and expedite the judicial process in instances where that is possible.
The small court has more informal hearings, and the plaintiffs and defendants are not obligated to have lawyers present at the hearings. It is a legal arena for settling financial disputes of up to $35,000.
Essentially, you need to fill out the correct paperwork and submit the claim. The defendant receives notice of the claim and can send a formal reply. The small claims court will issue a ruling upon reviewing all the evidence.
Types of Cases Resolved in Small Claims Court
Even if the claim you want to file is worth less than $35,000, it doesn’t mean the small claims court will accept it. For example, you have lent valuable equipment to someone, but now they’re refusing to return it.
Even if the market value of the items doesn’t exceed the maximum amount the small claims court deals with, you still can’t simply file a claim. Instead, you’ll need to submit a Writ of Delivery that allows an enforcement officer to take your property from the person currently holding it.
Small claims court also doesn’t deal with family law issues such as someone owing you child support payments, nor does it have jurisdiction over disputes between landlords and tenants.
The typical type of dispute resolved in the small court claim revolves around seeking payment on a debt, breach of contract, defamation, minor vehicle accidents, false arrests, unrepaid security
deposits, and similar damages.
Filing a Small Claim With Legalhood
If you are ready to request a debt repayment or sue for a breach of contract, Legalhood is at your service. The first step is to select the “Small Claims” option from the “Services” drop-down menu on the website and go through 23 simple steps to filing a small claim.
Right off the bat, you can choose whether to have a paralegal or a lawyer help you with the claim or continue filing it by yourself. Note that these services are priced differently.
For now, Legalhood only deals with small claims courts in Quebec and Ontario, so you’ll need to select one of these options.
Then, you’ll need to select whether you’re filing a claim on behalf of an individual or an organization.
The next important question is whether you’ve sent a demand letter to the entity you’re suing.
A demand letter, or “formal notice,” is sometimes mandatory. This is a document you can use to formally request restitution if other forms of seeking payments do not work. Demand letters are the
go-to step before filing a small claim.
If you haven’t sent a demand letter, you can use Legalhood to get started. However, if the person who owes you has already received it and given no response, continue filing a small claim.
Here’s all the other information Legalhood will need from you during this process?
- The value of the dispute
- Approximate date when the event occurred
- Your personal information
- Information about the defendant
- Brief description of the dispute
- The reason for compensation
- Digital evidence of the dispute
- List of potential witnesses
You will also be asked if you want to schedule a mediation before filing a claim, which could be an option for some plaintiffs.
Finally, you will be prompted to review the information you’ve provided. Keep in mind that you can go back and change your answers before submitting a small claim.
Navigating the Small Claims Court With Legalhood
Some debts are not worth the hassle and letting them go is easy. But there are times when the damage caused cannot be ignored, and compensation is in order.
This is what small claims court was made to do. It’s an inexpensive and uncomplicated legal space where you can get, say, the contractor who ruined your kitchen to pay for damages.
Keep in mind that there are certain disputes that the small claims court doesn’t resolve. However, by providing Legalhood with enough information about the event, your small claim can be completed quickly and painlessly.