Ontario Small Claims Court Tip When Can A Claim Be More Trouble Than Its Worth?

When someone defaults on a debt, especially where Small Businesses are concerned

, tempers can flare. Maybe you performed a service and someone didnt pay you or maybe someone has done something to you that you believe has caused you harm.

Before you decide to rush into an Ontario Small Claims Court action, take a step back, put your emotions on the shelf and consider all of the variables.

How much is owed to you?

The Court Costs you will incur to initiate a Plaintiffs Claim in the Ontario Small Claims Court is at least $175.00 to take a matter all the way to trial. If you think you will need to hire a paralegal to represent you, these costs could quadruple.

If the amount that is owed to you is less than what it will cost to pursue your claim you may want to consider trying to make a settlement with the other side or writing off the balance. Sometimes there is no point throwing good money after bad. Also, many matters settle at the pre-trial stage and many times these settlements do not include reimbursement of Small Claims Court Fees.

Also, what is the probability that you will be able to collect the money from the other side? If the other side is unemployed and has no assets, unless you know where they operate a bank account, collecting your money could prove challenging.

Is your claim for actual money loss or are you suing someone for punitive damages because their conduct somehow caused you harm? If this is you, consider getting legal advice. It may be the best money you ever spend. Unless you can prove without a doubt that you lost money, the Small Claims Courts are often apprehensive to award punitive damages and so you could spend a lot of money and be unsuccessful in the end. A paralegal or lawyer can review your case and give you an opinion as to whether or not they believe you have a case.

If you feel that you have a case and/or you have received a legal opinion that your case has merit, you can represent yourself in the Ontario Small Claims Court. You can obtain forms online at the Ontario Small Claims Court website or you can also create your forms online using an online tutorial like EasyCourt.

For more information about the Ontario Small Claims Court please visit www.easycourt.ca.

by: Courtney Jewell McElroy

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