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Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules
Question: What are the steps to prepare a Plaintiff's Claim for Small Claims Court?
Answer: To commence a lawsuit in Small Claims Court, you first need to fill out a Plaintiff's Claim document, known as Form 7A, which is readily available online. While filling in the basic information is straightforward, articulating your story while adhering to legal guidelines can be complex. Mole Legal Services can assist you in navigating these intricacies, ensuring that your claim is presented effectively and in compliance with the Rules of the Small Claims Court Rule 7.
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 parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of information. The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, if any. There are various rules regarding the extent of information that is required. 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 I am countersued by the Defendant?
- What if I lose the case?
- What if I lose and the Defendant seeks costs against me?
- What if the Defendant sues another person as a 'third party'?
- What if I get a name wrong?
- What if the case becomes more complicated than originally 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.
