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Also sometimes known as county or magistrate courts, small claims courts exist so that civil cases between private parties can be tried. Small claims cases involve monetary amounts that are relatively small. In some cases, small claims courts may also handle other functions, as is true in Toronto as well. They operate independently of superior courts.

Also sometimes known as county or magistrate courts, small claims courts exist so that civil cases between private parties can be tried. Small claims cases involve monetary amounts that are relatively small. In some cases, small claims courts may also handle other functions, as is true in Toronto as well. They operate independently of superior courts.

If you go to small claims court to present a case, the monetary value of the case cannot be more than $25,000. Some examples of small claims court cases may include tenant and landlord disputes, wages owed by an employer and not paid, or compensation not rendered for services, like plumbing, electrical work, and so on; some clients for example, may refuse to pay for services rendered if they feel the service has been poor.

Before you can bring a claim before the court, you need to have attempted to settle your dispute beforehand and have proof of this otherwise you will be penalized by the court. Try to contact the person or persons to negotiate an amicable resolution. If all means to resolve your dispute fails within the one month legal period then write out the particulars of your claim in detail and seek legal representation. Your lawyer will in turn present this to the court. It is also prudent on your part to warn the other party that you will be taking court action.

There are some things you need to bring with you to present your case before small claims court. First, prepare two copies of your claim, one for yourself and then one for the court. You'll also need to pay a court fee to file a claim. This claim form is served to the defendant. You can do this yourself if you wish once the court has stamped the document. There's other documentation as well that's involved in the small claims process.

If the court decides it will hear your case, you'll be notified that a final hearing will take place. Two weeks before the final hearing is going to take place, you'll need to send any copies of documents you'll be presenting during your case. If you don't, you'll be penalized and your case will be postponed. One of the penalties you may have to incur is that you'll have to pay all the costs of the suit. Your lawyer can help you get through this process and tell you what to do. The court will set a hearing date; if you can't attend the hearing, you'll need to put this in writing and state your reasons before you send it to the court.

The process of bringing a claim before the small claim court is a frustrating one without the right legal representative to aid you along. Because the verdict handed down is a final one, it is not subject to an appeal unless there was an irregularity in the proceedings or the court did not adhere to the law regarding the nature of your claim. Only good legal representation can decipher this on your behalf. The defendant in your case may also be uncooperative and may refuse to meet the court's ruling, wasting your time and money and forcing you to transfer the case to a higher court not to mention loosing out on the dues owed to you that are the subject of your claim. It is therefore important to retain the best legal representation to avoid these pitfalls.