Sometimes Making A Settlement In A Small Claims Court Action Is The Best Remedy

Whether you are suing someone in the Ontario Small Claims Court or have been sued

in the Ontario Small Claims Court its important to put personal feelings about the case on the shelf and think objectively.

Many people spend thousands of dollars on legal advice and or counsel when involved in Small Claims Court Action thinking that they will get it back when their matter goes to court. This is a risky assumption because cost is not automatic and must be awarded by the judge. A judge may find fault in both parties and not award cost. Also parties are often encouraged by the court to settle their matters saving the courts time and money.

Making a settlement is not that difficult. Think about what you would be willing to accept as a monthly payment or alternately that you could afford to pay on a monthly basis. Call the other side and have an open discussion about making a settlement.

Making a settlement benefits all sides because it provides the Defendant one last opportunity to make a monthly payment plan with the Plaintiff and it benefits the Plaintiff because if the Defendant defaults on the settlement, the Plaintiff is entitled to receive default judgment from the court.

If you are making a settlement in Ontario Small Claims Court there are Small Claims Court Forms that you can complete and sign with the other side and then file with the court to bind your settlement. If your matter has not gone to pre-trial yet you can also make a settlement at your pre-trial conference.

If you have been sued and you know you owe the money you can still file a Defence. There is a section in the Defence court form where you can admit you owe the money and propose a repayment plan. At the pre-trial settlement conference the judge will review this and discuss the idea of settling with the parties. You can create your Ontario Small Claims Court Defence forms at www.easycourt.ca.

by: Courtney Jewell McElroy

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