Without a paralegal navigating the complicated procedures is almost impossible. Hiring a pricey attorney for the cases with no high dollar value can cost more than the case is worth. Therefore, people aren’t comfortable to fill a lawsuit in state court. Small claims courts in Toronto can help people to solve many of these problems. In small claims courts, the rules of civil procedure and evidence are simplified in order to make the process be accessible to all citizens. It is a court of limited jurisdiction to resolve private parties` civil disputes. The legal and factual arguments are typically not represented by attorneys. They are usually represented by a paralegal Toronto expert. Trials heard in small claims court are much less formal and a judge or magistrate typically decides about the cases. Knowing about the procedure in small claims court before filing a case against someone can be necessary. Also understanding the legal process can be beneficial when you receive a summons to appear in a small claims court.
The process of a small claims court:
1. An overview
For taking a claim to small claims court in Toronto, you just appear in the court with your evidence on the date of the hearing. In spite of your right to representation by a paralegal, in some states you need to appear on your own, including Michigan, Nebraska, and California.
2. Filing a claim
Filing a claim in small claims court in Toronto is much less formal than other courts. It just requires filling the documents forms out with specific information about your case and filing. It is usually a complaint and a summons. Before filing a claim usually by a paralegal, Understanding about filing fee and how your state requires you to make service on the defendant can be necessary.
3. Preparing for court
Be prepared to appear in small claims court in Toronto to have your side of the case heard with your evidence, supporting documents and witnesses on the date of the hearing. After filing your claim, usually a complaint and a summons, the clerk can write the date of the hearing on the paperwork. If you don’t appear, the judge can almost certainly rule against you.
4. The way of acting and dressing
Small claims court in Toronto is considered a special place filled with tradition and protocol. So, your behavior and appearance can affect the result of your lawsuit. Here are some tips to act and dress appropriately in the court:
1. Try not to interrupt the judge or the other party. Respect them!
2. Try not to raise your voice. If you feel like you’re losing your temper, pause for a moment and take some deep breaths.
3. You should answer questions clearly and aloud. Don’t just nod or shake your head!
4. Dress appropriately. T-shirts, jeans or sneakers are not appropriate!
5. Collecting your money if you win
If you win in small claims court in Toronto, the judge will issue a judgment in your favor and you have to collect the money from someone who probably will not be willing to pay you. Knowing about the possibility of a lien against the defendant’s personal property or a wage garnishment can be essential for you. If you ask, an order authorizing these collection methods can be provided by the judge.
In the other hand, you must file an appeal and provide new evidence and information to support your claim that the judge ruled in error.