What is Small Claims Court?
Small Claims Court is a division of the Superior Court of Justice that deals with claims up to and including $35,000. This amount does not include interest and other court fees, which would be in addition to the initial $35,000.
Some examples of claims are debts owed under contact, damages caused by a project not being completed and/or an item to be returned that has a value under $35,000.
Plaintiff: The person bringing the claim.
Defendant: The person served with the claim.
Once a claim has been issued by the Plaintiff, it must be served on the Defendant. The Defendant will have 20 days to respond to the Plaintiff. Once it is filed with the Court, a settlement conference will be scheduled. Both the Plaintiff and the Defendant will be required to attend in hopes to settle the matter before going to trial. If a settlement cannot be reached then a trial date will be scheduled.
Litigation can be a long and complicated process.
Defendant: If you do not respond to the claim within 20 days then the Plaintiff can note you in default and you may be liable for the costs claimed. Contact us so we can make sure you abide by the court timelines. We can provide you with a strategy of how to move forward.
Plaintiff: If you would like to make a claim, contact us for a consultation so we can provide you with the strengths and weaknesses of your claim so you can make an informed decision on how to proceed.