How do you get back what is owed to you? You can sue in Small Claims Court (SCC) if you believe someone owes you money or has your personal belongings. It’s called “Small” Claims Court because the maximum you can get is $35,000.
You can sue someone in SCC if you are an employee, an individual, or a business. The person who sues is called the “plaintiff,” and the person being sued the “defendant”.
However, if you are owed spousal or child support, money from your landlord, government assistance, a pension, Old Age Security, or have experienced human rights discrimination, then do not go to Small Claims Court. Those are done differently, and are not discussed in this column.
There are some risks to suing in SCC.
You will have to pay court fees, or get approved to have the fees cancelled (this is called a “fee waiver”)
If you lose, you might have to pay some of the legal costs of the person you tried to sue.
The process will take a long time.
If you win but the person you sue doesn’t pay, it will be your responsibility to collect.
These risks show why it’s a good idea to talk to the defendant first to see if you can come to an agreement. But you must act quickly. Usually, you only have two years from when the problem happened to complete the court paperwork (file in court).
If you decide to sue, complete the Plaintiff’s Claim (Form 7A), and explain the following: who was involved, what happened and why, where, when, and how it happened. Make sure to explain how much money you think you are owed or what belongings you want returned.
Include all of your evidence. Some examples are a contract with the business you are suing, proof that you paid someone or proof that they agreed to pay you, or photographs of damaged goods.
Remember that when you sue you must convince the judge that you are right. This means you must gather all the evidence to prove your case.
It’s important to give the right name for the defendant, because, if you win, you can only collect money from the defendant listed. Sometimes the name the company uses on their business card, invoice, or website is not its official name. Check with a trusted business name registry search to make sure you have the correct information.
You must file the completed Form 7A and your evidence in court, which means you must have it registered in the court’s system. After that you must give a copy of the Form 7A and your evidence to each defendant. This is called “serving” or “service.” There are very specific rules you must follow for service.
After filing and serving the Form 7A and your evidence, you will need to wait to be contacted by the court for your scheduled Settlement Conference and Trial.
If you have questions, contact Chatham-Kent Legal Clinic for assistance.
Rashin Alizadeh-Dimeski, CKLC Staff Lawyer (www.cklc.ca, 519-351-6771)
