Small Claims Court Toronto
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.
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 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.
You’ll need to bring some things with you to small claims court when you present your case. First of all, you will need to prepare two copies of your claim, one for the court and one for yourself. You will need to pay court fees to file a claim, and the claim form will then be served on the defendant, the other party in your case. You can also present the form to the defendant once the court has stamped the document if you so choose. Other documentation, too, may be involved in your small claims case.
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.
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.
Before you hire a lawyer, make sure you check Melissa Weber website, she is aSmall claims court Toronto that specializes in the GTA area
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