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Steps to sue someone in Small Claims Court
We are able to assist you through the entire Small Claims Court process.
Contact us today for a free consultation where we can discuss the options available to you.
The steps listed below are five key steps according the Small Claims Court Government of Ontario website.
- Decide if you want to sue someone. You might be able to solve the problem another way. One thing to consider before deciding to sue is whether you will be able to collect the money if you “win” but the person you sued doesn’t pay. In this case, it will be up to you to enforce the judgment to collect the money.
- Start a claim. This involves filling out paperwork to start the claim, sending the claim to the person or business you are suing and paying some fees. You can file a claim in-person, by mail or online (where eligible).
- Wait for a response. The person or business you are suing may or may not agree to pay you back. If they agree, the process may end, and you won’t have to go to court.
- Go to court. If the person or business you’re suing does not agree with all or some of your claim, you will both be asked to meet with a judge at a settlement conference. If you still can’t come to an agreement, the next step would be to go to trial.
- If you win the case, the court will ask the person or business you are suing to pay you. If that person doesn’t pay you, you can start a legal process to collect the money or property owed to you. If you lose, you might owe money to cover the costs of the case.
Time is of the essence
Be aware of limitation periods!
In most cases a lawsuit can not be filed more than two years after the incident. There are many reasons that you might need to file a claim in Small Claims Court. If you have reached the point where you think it is time to file, we can help.
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