If you are unsure of the court office that handles cases in the area where you want to file your lawsuit, you can call the court office where you think you should file the lawsuit and ask the social worker. Court addresses and telephone numbers can be found on the Ministry`s website at www.ontario.ca/attorneygeneral. If necessary, you may apply to the court to issue an order extending the service period before or after the expiry of the two (2) years and to extend the time before the Clerk can dismiss the application. To do so, submit a notice of motion and an affidavit in support [Form 15A]. There is a fee for this process. Explain in your affidavit why you need more time to process the claim. For more information, see the Clerk`s Guide to Motions and Orders. The purpose of Small Claims Court is to provide a plaintiff with a legal way to receive compensation in the form of monetary damages without going through a lengthy process and paying attorneys` fees. Most plaintiffs represent themselves in small claims court. If the witness is a friend, ask them to testify for you in court.
There is a good chance that he or she will appear in court without being summoned. But if you have any doubts, summon the witness (see below). The rules provide that the defendant`s claim will be heard and decided at the main hearing of the action, unless the court decides otherwise. If a party does not appear on the date of the court, the court may render a “default judgment” against the absent party. This usually means that the person who showed up wins the case. The party who has demonstrated may then have that judgment enforced. You may also want to consult a lawyer about your case before going to Small Claims Court. While a lawyer may not be able to represent you at the hearing, a lawyer can help you prepare. The lawyer may be able to point out legal issues or facts to help you that you may have overlooked or were not familiar with. In addition, they can help refute defenses if you are able to express the defendant`s claims. There is no substitute for good legal advice.
If no interest rate has been agreed, you can ask the judge to award you interest before and after the judgment at the rate set out in the Constitution Judicial Act. Before the verdict, the interest is called pre-judgment interest. According to the decision, this is the post-judgment interest. These rates are available at the Tribunal`s Registry and on the Ministry`s website at www.ontario.ca/attorneygeneral. When your hearing date arrives, you must bring anything that can help prove your case or defend against the opposing party`s claims. This could include the following: In order to obtain a written order for a claim for damages or at an assessment hearing, all defendants must have been in default. The clerk of the court cannot put a defendant in default if the defendant has not been served. More information about the service can be found in the “Document Service Guide”. Next, you must “give” a copy of the case to the defendant. Follow the rules on proof-of-service forms for accurate delivery.
These forms are available on the website of the State Court of www.courts.ca.gov/documents/sc104.pdf. If you no longer wish to bring your claim and the defendant does not file a defense, you can inform the defendant of the end of the action [Form 11.3A] and submit that notice to the court with proof of service. More information about the service can be found in the “Document Service Guide”. Do your homework. Before you go to court, learn as much as you can about the defendant. Find their address and phone number. This could be as simple as a Google search, or you might need to dig a little deeper. Your city or county keeps property records, so anything you can find will come in handy. Keep in mind that for a small claim, it`s up to you to serve the lawsuit on the defendant (provide the court documents) – if you don`t know how to find or contact the person, it will be difficult. The rules allow the parties to arrange the service of their own claims as follows: in certain circumstances, after service of your claim, you can enter into an agreement with the defendant to settle the claim amicably, or you can simply decide not to pursue your claim.
The defendant`s action must be filed with the body where the plaintiff`s claim was filed. Keep in mind that the defendant`s lawsuit must be filed within 20 days of the day the defense [Form 9A] is filed, unless you receive a court order to file it later. The person serving the defendant must complete proof of service (Form SC-104). The proof of delivery form must be submitted to the small claims agent. The Clerk can inform you of any time restrictions you have when submitting. (For example, in San Mateo County, it must be submitted at least 48 hours before the study.) For more information about proof of service, see What is Proof of Service (Form SC-104B). It is also advisable to bring a copy of the proof of service submitted on the day of the trial to prove that it was presented. Sometimes documents are lost, misplaced, or not placed on the court file, and you cannot proceed with your case without this proof of service. Even if you know the other party is lying, don`t call them a “liar” in court. Let the evidence you present to the judge prove what actually happened. Do not speak directly to the other party.
Make all your statements, comments and arguments to the judge and the court. Also, don`t interrupt the other side. Let them finish, and then ask the court for permission to respond to the other party`s comment. Remember, you will be judged by everything you do, say and present to the judge. If you call someone else by name, it throws a bad light on you. Small claims courts can hear most types of civil cases, such as: Small Claims Court forms are available at court offices and on the following website: www.ontariocourtforms.on.ca. For tips on how to fill out forms, see the end of this guide. Delivery may be made in person (i.e., delivered personally to the defendant) or by substitution service. Personalized service is preferable, but replacement service is used when the server cannot find the defendant at home or in his business. In order to provide alternative service, the server leaves a copy in (1) the defendant`s office with a person who appears to be responsible, or (2) at the defendant`s home with someone who is at least 18 years old.
The person to whom the documents are left must be informed of what they are. The server must also send a copy of the documents by first-class mail to the defendant at the address where the documents were left. You may not like the judge`s comments, but never argue with the judge. Also, do not interrupt the judge when he speaks. However, it is normal for the judge to interrupt you and direct your case. The last thing you want to do is make the judge angry. Remember that not everything you think is important for your case is important for your case. Always be polite and polite when answering a judge`s questions. You will then have to appear on the court date to prove your case. You can appeal the verdict of a small claim in most states.
The process and your rights of appeal vary depending on the laws of your state. The rules provide that a defendant who has defaulted may not file a defence or take any other action in the proceedings than to file an application to set aside the notice of default without the permission of the court or the consent of the plaintiff. A defaulting defendant does not have the right to be informed of a stage of the proceedings and does not have to be served with a document other than that required by the Rules of Procedure, such as. B judgment in default, modification of a claim or defence, application for judgment and adjournment of proceedings against a debtor. Kimball, Tirey & St. John LLP is a full-service real estate law firm representing owners and managers of residential and commercial properties. This article is provided for general information purposes only. While KTS provides customers with information about changes to the law, our courtesy notices are not exhaustive and do not replace legislative services or membership in trade associations. Our legal notices are provided on selected topics and should not be considered a complete report of any new changes to local, state, and federal laws that affect property owners and managers. Laws may have changed since the publication of this article. Before taking any action, you should seek legal advice from our law firm.
For contact information, please visit our website: www.kts-law.com. For previous legal notices, questions and answers and legal articles, please see the resources section of our website. If the defendant does not file a defense in a plaintiff`s lawsuit and is in default, you can ask the court to give you a verdict in two ways: If you go to a main hearing or assessment hearing, or make a written request for an assessment of damages, you can ask the judge at the hearing (or in your application documents) for interest before the verdict until the date of determination of the sentence. . . . .