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Everything You Need To Know About Toronto Small Claims Court

toronto small claims courtAt Civil Litigations, we offer superior legal services and client education regarding Toronto small claims court. We believe that knowledge is power, and we want to empower all of our clients because we want all of our clients to succeed in court. If you are a plaintiff seeking compensation from a defendant, here are the top five reasons people file small claims in Toronto:

  1. You have a tenant you need to evict
  2. Someone refuses to pay back a loan you gave them
  3. Your customer refuses to pay his/her bills
  4. Your employer refuses to pay you wages you've rightly earned
  5. Someone has damaged or destroyed your property, and you seek to be compensated for your losses

These are just a few of the most common kinds of cases handled in Toronto small claims court. Filing a Plaintiff Claim in small claims is for people who seek to collect less than $25,000 from the defendant. Though getting into court is urgent for you, it's not as simple as calling up the courthouse and complaining about someone who owes you money. There are many steps from start to finish, and Civil Litigations can help expedite the process exponentially.

File a Plaintiff's Claim

The first step is to file a Plaintiff's Claim. This is a free form that can be downloaded at www.ontariocourtforms.on.ca. After you fill out the form, a judge will read it. Therefore, it is crucial that you fill it out correctly and accurately. Incorrect or incomplete information on your Plaintiff's Claim will likely result in your cases being thrown out. Let Civil Litigations help you.

What is a Plaintiff's Claim

In a nutshell, the Plaintiff's Claim tells the judge who's initiating the lawsuit, who are being sued, how much money is owed, and the reason(s) why. Note that more than one defendant can be sued in a single lawsuit. This form requires a detailed explanation regarding the events leading up to the lawsuit, so be as thorough and meticulous as possible when filling out your Plaintiff's Claim.

Will I Save Money by Filing Myself?

Of course, you can file a Plaintiff's Claim by yourself, but Civil Litigations recommends that you allow a lawyer to do it for you. Even the smallest misstep can cost you your case, so it's better to let a legal professional handle it. After your claim has been filed, the clerk of courts will review your claim to ensure that it has been filled out completely. More than one copy of the form must be made and filed because the clerk needs a stamped copy for the courthouse's records and the defendant will receive a stamped copy of your claim as well.

Once the Claim is Submitted and Delivered

Once the defendant receives his/her copy of the Plaintiff's Claim, the defendant will file another form called a Defence. This form tells the court whether the defendant agrees with the plaintiff's claim or disputes it. The defendant has twenty days to give a copy of the Defence to the plaintiff, the plaintiff's lawyer, and to the courthouse. Since the clerk of courts will ask for Proof of Service to ensure that a copy of the form has been delivered to the Plaintiff, the defendant will also need to fill out another form called an Affidavit of Service.

For inquiries regarding the next steps, please contact Civil Litigations today.  We're here to help you navigate through the entire Toronto small claims court process.

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