If a small claims case is served on the defendant less than 5 days before the hearing date (or less than 2 days before the hearing date in eviction cases), the judge must authorize continuation, which means that the hearing date is postponed. Otherwise, the judge will decide whether or not to authorize a continuation if a party requests it. If the other party does not agree, the party requesting continuance must prove that it has a valid reason. The first thing you need to do to sue in Small Claims Court is whether your claim meets the Small Claims Court jurisdictional requirements. At the discretion of the courts, mediation may take place before the court has had an opportunity to comment to see if the matter can be resolved without a hearing. The court provides a mediator who helps the parties discuss the issue at no additional cost. If no decision can be made during mediation, the court sets a hearing date and the case is referred to the judge. The goal of Small Claims Court is to allow people to make relatively minor claims to a judge without incurring significant costs in the form of legal and court fees. By its very nature, Small Claims Court is a simple, inexpensive and relatively quick alternative to a full-fledged action. To bring an action in Small Claims Court, a person or person acting on their behalf must go to the office of the Small Claims Court Clerk in the appropriate district and complete a Statement of Application. To find out where the clerk`s office is located in your district, click Locations.
To find out when the Small Claims Court Clerk`s office is open, click on Hours of Operation. You can also use an external service to complete your Statement of Claim and file it electronically with the court. If you want to start your file this way, click on E-Filing. A small claims matter will not go to court until the defendant receives notice of your claim. The defendant may file a counterclaim. For more information about this procedure, click Counterclaims. Before filing a case in Small Claims Court, it is important to decide whether recourse to Small Claims Court is the best way to resolve your dispute. Many disputes can be resolved through other dispute resolution methods such as mediation. Many counties help resolve disputes informally through their local consumer protection offices or local public or private dispute resolution or mediation programs.
A party must appear before the court on the date and time fixed if he wishes to be heard by the judge. In Small Claims Court, a defendant may, but is not required to, file a written response to the plaintiff`s complaint. A defendant may also file a counterclaim to assert a lawsuit against the plaintiff. A reply may be served on the other party by mail, but generally a counterclaim must be served by sheriff or registered mail. You must pay court fees to file your application. If your claim is up to $1,000.00, you will have to pay a fee of $15.00. If your claim is greater than $1,000.00 and up to $10,000.00, a $20.00 fee will apply. Fees must be paid in cash, by certified cheque, money order or bank cheque, issued to the registry of the civil court.
Personal cheques are not accepted. Yes, a business can be represented in small claims court by an unauthorized representative, such as an owner or employee. Can you encourage the other person to settle the dispute? If he owes you money, you may want to consider accepting less than the full amount if paid immediately. If you owe money, it may be helpful to pay a little more than you think you owe just to end the dispute. If the dispute goes to court and results in a judgment against you, the amount you owe may be increased by court fees and interest, and the judgment will be noted on your credit report. Yes, if the plaintiff is successful, the judge can order the defendant to pay the plaintiff`s legal costs. Successful plaintiffs are generally held liable for their own legal costs. Both parties also have the possibility to file petitions and send each other a preliminary communication to the District Court if they so wish. Because court proceedings in district courts are more complex, a party may benefit from hiring a lawyer for the district court, even if the party has not been represented in small claims court.
For more information about civil litigation, see the Claims Help topic. After service of a civil action, the defendant has thirty (30) days to file a response electronically. If a response is not submitted electronically within 30 days, the respondent is in default. A defendant may file a response electronically from the 31st to the 45th day following the payment of court fees. Download the Answer/Counterclaim Form (PDF). Yes, but trials are usually quick and are decided by a judge. There is no jury trial in Small Claims Court. Small Claims Court can be held either in a courtroom or in the magistrate`s office. The plaintiff first presents his case and may testify, call witnesses or present other evidence such as documents or records. The defendant may question the plaintiff`s witnesses about their testimony. Once the plaintiff closes his or her case, the defendant may also testify, call witnesses, and present evidence, and the plaintiff may question the defendant`s witnesses.
The judge may ask questions of the parties and witnesses and announce his or her decision immediately after both parties have presented their arguments. When deciding whether or not to file a small claims case, keep in mind that you cannot appeal. By choosing Small Claims Court to resolve your dispute, you are waiving the right to have the case heard again by another judge.