Going To Small Claims Court In Toronto
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 need to present a case in small claims court, the monetary value of your case can’t exceed $25,000. Small claims court cases can include such things as disputed wages, wages earned from an employer but not paid, landlord or tenant disputes, unpaid wages from services provided like plumbing and electrical work, and the like. For example, clients may refuse to pay for services rendered if they think service has been substandard; these types of matters are often settled in small claims court.
Before you can file a claim in small claims court, you have to have attempted to settle things yourself before hand, and you have to have proof of this. If you don’t, the court will penalize you. Try to negotiate an amicable solution with the party in question first. If you try for a month and fail, you’ve met this legal requirement; in that case, write down everything you know about your case, and then get a lawyer. Your lawyer will then present this information to the court. You also have to warn the other party that you will be going to court to resolve this.
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.
Once the court decides to hear the case, you will need to wait for notification for a final hearing. You will also be required to send copies of the documents you will be presenting at least a fortnight before the hearing takes place. Failure to do so will result in your case being postponed and as a penalty, you may have to incur all the costs of the suit. Your legal representation should assist you through these procedures and advise you accordingly. The court will then set the date for a hearing. If you will not be able to attend the hearing, you need to put this in writing, stating your reasons before sending 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.
Before you hire a lawyer, make sure you check Melissa Weber website, she is aSmall claims court that specializes in the GTA area
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