subject: How To Sue In The Small Claims Court [print this page] How to sue someone using the Small Claims Court all depends on the Province you want to make the claim in. The different provinces use different form names and even use different terms to describe parties to an action.
For example: If you want to sue someone in Ontario you are the Plaintiff and you must file a Plaintiffs Claim. If you are suing someone in BC you are the Claimant and you must file a Notice of Claim and so on.
The Small Claims Court limit also varies by province; Ontario, BC and Alberta have all set their limits at $25,000
Here how to make a claim in the Ontario the Small Claims Court:
First you have to complete your Small Claims Court forms. Many individuals take time off of work to go to the court to get help completing their forms. This really isnt necessary. There are companies like Easy Court (www.easycourt.ca) who offer online solutions that make creating your forms a breeze.
Next you will have to file your claim. You can file the claim by mail, courier or by visiting the court house yourself. Make sure you remember that you will have to include the court filing fee. Individuals who file less than 5 claims per/month be subject to a $75 fee per/claim filed.
After your claim is filed you will have to serve it. You can do this by personally serving the individual, hiring a third party to serve the individual or by sending it to the individual by registered mail or courier. Whichever you choose you will have to be able to prove that the individual you served received the documents.
After serving your documents you will have to file your affidavit of service with the court. This is a sworn statement that youve served the other party. Once this is filed you just have to wait.
If after 40 days the other party fails to file a defense you may apply to the court for a judgment. Once you have a judgment you can proceed to use court approved enforcement remedies to recover your money.
For more information about using the small claims court visit www.easycourt.ca or www.easycourtpro.com this company offers tons of tools that make using the small claims court so much easier.
