7 Questions to Ask Yourself Before Filing a Small Claims Case
Are you wondering whether you should file a small claims Newmarket case against another party? If so, you have come to the right place. Suing someone, whether for a small claim or something graver, can be complex. Hence, you must be absolutely sure about suing someone.
If you want to sue someone for a small claim, here are the questions you must answer for yourself.
The amount you are seeking, is it worth the hassle?
Yes, this is an important question to answer. In a small claims court, you can seek a maximum amount of $35,000. If you seek a smaller amount as compensation, the cost of filing and the effort is way more than that. And in the long run, it won’t be worth the hassle. This is not to say that you shouldn’t file a small claims case, but you must think it through.
How long can you wait to get your claim?
A small claims court case can take between 6 to 18 months. Can you wait that long to get your claim? Think about it.
Did you send a demand letter?
If you want to settle the matter outside the court, you must send a demand letter. It is an informal letter sent to the defendant demanding they rectify the wrong. This is done even before you file a claim in court. In some cases, the court requires you to send a demand letter to ensure you have used all your avenues before taking the time of court.
Is your case strong?
When filing a small claims Toronto case, you must ensure you have built a strong case with concrete evidence. Your information must be firsthand rather than just hearsay. Evidence such as letters, emails, and invoices can strengthen your case.
Do you know the defendant?
It is very important to use the right name of the defendant while filing a case. This can be especially important if you are suing a business. You must use the right corporate name while filing the case.
Did you check the limitation period?
If you didn’t know this, filing a small claims court case has a limitation period. In Ontario, it is two years from the date you identify the loss. For example, in case of injuries, the limitation period will be from the date you got injured on.
Does the plaintiff always get paid?
Mostly yes! But you must also understand that winning a case in court doesn’t automatically mean you will get paid. You need to enforce the judgment by taking certain steps. And sometimes, enforcing these steps to get the money requires you to spend even more in the long run.
Apart from these questions, if you have any more doubts about filing a small claims court case, get in touch with us at SW Legal Service PC. We offer paralegal and advisory assistance to our clients for small claims cases, divorce advice Toronto, DUI, and more.
Contact us now to find out more.