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Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules
Question: What are the key steps to starting a lawsuit in Small Claims Court?
Answer: To commence proceedings, it is crucial to file a Plaintiff's Claim using Form 7A, which is readily available online. Although filling out this form is relatively straightforward, a nuanced understanding of what to include can greatly influence your case's success. Lynxs Paralegal can assist you in navigating these complexities, helping to ensure your submission is both complete and compelling.
Commencing Proceedings and Retaining Legal Counsel for Small Claims Court
Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available 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 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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.
