Small Claims Court
Are you thinking to file lawsuit?
If you are thinking to sue someone for $35000 in civil actions in Ontario, you should sue in Small Claims Court. It hears civil actions only i.e. one party sues another party for some form of private relief. In Small Claims Court, the relief sought is usually money. However, it can order for the returns of the property.
What Kind of Cases can go to Small Claims Court?
The Small Claims Court can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $35,000, excluding interest and costs such as court fees. This includes the value of all goods that the plaintiff is asking for in total, no matter how many defendants there are.
If the amount of your claim is more than $35,000, you can still choose to use Small Claims Court. However, you will have to give up the amount of money over $35,000, as well as any future right to get this money in any other court.
Are you overwhelmed about how to prepare pleadings to sue someone
in the Small Claims Court?
Call us 416-624-7011 for appointment
Naba is well-versed in the Rules of the Small Claims Court, and is able to represent you in small claims cases from start to finish. This includes drafting the Plaintiff’s Claim or Defendant’s Defence, attending the Settlement Conference, arguing any motions, and finally conducting the Trial (if the matter remains unresolved by that stage). Alternatively, if money is an issue, Naba can reduce costs by providing specific services on a “per item” basis (e.g. only draft Claim, only conduct trial, etc.).Naba Dhungana will remain committed to your case, no matter how small the sum of money in dispute. Unlike larger law firms Naba will handle your case personally, giving it the professional attention it deserves. If you have been served with a Small Claims Court claim, prompt action is necessary, as you could be noted in default and receive judgment against you if you fail to respond within a specific timeframe. Similarly, if you are interested in commencing a Small Claims Court lawsuit, please contact us immediately, as limitation periods apply which may preclude you from commencing legal action after a certain period of time has elapsed.
Why do I have to create a ONe-key account and profile to file online?
The ONe-key ID is a unique electronic credential that allows you to communicate securely using online government services. You will need to login using your ONe-key ID every time you use the small claims e-filing service.
Can I change my Plaintiff’s Claim electronically after I submit it online?
You can file an updated (amended) claim online if you have not yet delivered (served) your claim to any of the defendants. If you have already delivered your claim to one or more of the defendants, you can file an amended claim in person, or mail to the small claims court listed at the top of your Plaintiff’s Claim. Please refer to Rule 12 of the Rules of Small Claims Court for more information. There is no fee for filing an amended claim.
How long will it take for my claim to be processed?
Forms filed online after regular business hours will be accepted and dated the next business day. For example, if you file your form on a Friday after 5:00 p.m., you will receive an email from the court with the issued claim on Monday.
If I win, am I guaranteed to get my money?
That depends on whether the person or business you’re suing is able to pay. The court may not be able to help you get your money if the defendant (person/business you are suing):
- is unemployed
- is bankrupt or has no money of his/her own
- doesn’t own personal property or valuable belongings
- has gone out of business
- has other debts to pay
But you may be able to get your money in installments over a set period of time. Learn how to collect money owed to you using a court order.
Can I file in small claims court if my claim is for more than $35,000?
No. If the amount of your claim is more than $35,000, you may still choose to use small claims court because it is simpler and less expensive. However, you will have to give up the amount of money over $35,000 and you cannot attempt to recover the amount over $35,000 in superior court.
You also cannot divide a $40,000 claim into a $25,000 claim and a $15,000 claim to be dealt with in a second case.
Is it worth it to sue?
Getting judgment in your favour does not guarantee that you will get money from the defendant. You may have to enforce (attempt to collect) the judgment. In order for you to collect, the person/business must have one of the following:
– assets that can be sold
– a debt (e.g. bank account, employment income) that can be garnished.
Knowing the financial status of the defendant is fundamental to starting any legal action and then collecting on any judgment in your favour. There are situations that require that a person exercise discretion as to whether there is a realistic likelihood of recovering monies owed.