Making a Claim in the Ontario Small Claims Court (Plaintiff's Claim)
Making a Claim in the Ontario Small Claims Court (Plaintiff's Claim)
If you believe someone owes you money in the Province of Ontario and the amount does not exceed $25,000, you can pursue a claim in the Ontario Small Claims Court. If you file a Plaintiff's Claims, you are the Plaintiff and the party that you sue is the Defendant. You can represent yourself in the Small Claims Court or you can hire a paralegal or lawyer to represent you.
If you want to make a claim in the Ontario Small Claims Court you will want to make a "Plaintiff's Claim". Making a Plaintiff's Claim is a 3 part process. 1. You have to gather your paperwork and evidence. 2. Then you have to prepare and file your court forms with your evidence. 3. Finally you have to serve the Defendant.
If you have gathered your paperwork, you can create your Ontario Small Claims Court Forms online to save yourself a trip to the Small Claims Court.
Because you will be required to serve the Defendant (and prove that you did so) you should ensure that you know where the Defendant lives or works before you file your Plaintiff's Claim. When you file your Plaintiff's Claims it is always easiest to file it in the local Small Claims Court location that is closest to the Defendants residence or place of business (the address where you plan to serve the Defendant).
Once you have created and filed your " target="_self" title="plaintiff's claim">Plaintiff's Claim and you proceed to serve the Defendant, ensure that you do so by registered mail, courier, process server or personally. After serving the Defendant you will be required to file an Affidavit of Service at the Small Claims Court that not only swears that the Defendant received the documents but you will also have to attach proof.
After you have filed your Affidavit of Service the Defendant has 20 days to file a Defence. If they fail to do so you can ask the court for Default Judgement. For more information about how to make a Plaintiff's Claim in the Ontario Small Claims Court or to file your claim online please visit www.easycourt.ca/ontario.