Small Claims Court

C

Camster

New Member
Oct 22, 2008
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I am looking for some information regarding small claims court. I have several cases Iwould like to pursue in small claims court but have zero experience in doing so. Would anyone like to fill me in on how this all works, what the costs are and how do I proceed? Is it worth my while depending on the claim amount? How successful is it and is it worth my time? I look forward to any info you might be bale to send my way....Thanks in advance........

Feel free to share any experiences you might have had.....
 
Small claims court is basically only set up to determine if the party you are suing is liable to pay whatever amount they owe you. Unfortunatly if you get a judgement in your favour the court does not help you collect. If you know their banking info you can try to have a garnishee placed on the account but banks are usually not that cooperative. Plus their has to be money in the account. Most deadbeats will open new accounts when they are planning to shut down so they can control their receivables.
What I have found is that if the debtor has any intent on paying, being served with a small claims court notice will get their attention and speed up the process.
But, if they have no money or no intent to pay it is not going to make a differance if you win or not.

Good luck...
 
It's all about money

Basics to consider:

(a) How much money is owed. Although you can file for any amount up to $10,000, it may not be worth it for a claim of under $750

(b) Is there any underlying reason why you were not paid - poor service, claim etc?

(c) Although you can represent yourself, is there value (again depending on the amount involved) of employing a licensed paralegal or lawyer in handling your case? Transportation law, particularly in Ontario, is complex.

(d) There are at least 4 licensed paralegals in the GTA who are very knowledgeable in transportation law (two of which are members of inside transport). PM me if you want the 4 names.

(e) You don't want to ruin your case by improper or overlooked pleadings. After all, if you sue a company, there is a strong likelihood they will secure legal representation unless they are just a deadbeat, resulting in little hope of every collecting on your judgment.
 
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