| What Happens If You Need To Go To Small Claims Court In Toronto? |
| Written by Melissa Weber |
| Friday, 25 June 2010 07:38 |
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Small claims courts are also known as magistrate courts or county courts, depending on where you live. Small claims courts have as their purpose to try civil cases between private parties; these cases involve monetary amounts that are not particularly large. These courts also sometimes handle other functions, and this is also true in Toronto. Small claims courts do operate independently of superior courts.
Small claims courts are also known as magistrate courts or county courts, depending on where you live. Small claims courts have as their purpose to try civil cases between private parties; these cases involve monetary amounts that are not particularly large. These courts also sometimes handle other functions, and this is also true in Toronto. Small claims courts do operate independently of superior courts. The types of claims presented before these types of courts are those of values not exceeding $25,000. Wages owed in lieu of notice by an employer, tenant and landlord disputes, compensation for poor service rendered like in the case of plumbers and compensation for the damage of delivered goods like DVD players are some of the claims brought before a 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 has decided it's going to hear your case, you'll be notified of a final hearing, and the data will happen. Two weeks before the final hearing, send any copies of documents you'll be presenting during your case to the court. Again, if you don't send these documents, your case is going to be postponed and you'll incur penalties as well. One of the things that may happen is that you may have to pay the cost of the suit in their entirety. Your lawyer will be able to help you navigate your way through this process, and tell you what happens next. The court will set a hearing date, and if you can't attend the hearing, you'll need to send this notification to them in writing and state your reasons as to why you can't attend. Trying to wend your way through small claims court by yourself can be very frustrating if you don't have proper legal help. The final decision on the case IS final and isn't subject to appeal unless something has been found not to be proper in the way proceedings were handled, or if the court did not follow law as it applied to the claim. A competent lawyer will be able to help you navigate through this difficult and sometimes confusing series of events. If the defendant does not comply, and doesn't act in accordance with the court's decision, this may also end up wasting your time and you have to continue proceedings in a higher court. In addition, you will not collect on any monies owed you that were the focus of your original claim. It's very important, therefore, that you get proper legal representation so that you don't have these problems. About the Author: Before you hire a lawyer, make sure you check Melissa Weber website, she is aSmall claims court Toronto that specializes in the GTA area |