Small Claims
Considering a Small Claims Court lawsuit in Ontario? Paragon Paralegal Services is here to guide you through every step of the process. From drafting and filing court documents to representing you in court, we ensure you receive professional support to strengthen your case.
Our experienced team will help you:
- Evaluate the strength of your case to determine if legal action is the best course.
- Gather and organize evidence to build a solid foundation for your claim.
- Prepare for court or negotiate a settlement if appropriate, always with your best interests in mind.
With deep knowledge of Ontario’s legal system, our goal is to help you achieve the best possible outcome in your Small Claims Court case. Our personalized, high-quality services mean we are committed to being by your side every step of the way.
What are the procedures of Small Claims Court?
I. Starting the Claim
The claimant starts the claim by filing a Plaintiff's Claim form with the court. This form includes details about the claim, such as the amount being claimed, the parties involved, and the reasons for the claim.
II. Serving the Claim
Once the claim has been filed, the claimant must serve a copy of the Plaintiff's Claim form on the defendant.
III. Filing a Defence
The defendant has 20 days from the date of service to file a Defence, which sets out their response to the claim. If the defendant fails to file a Defence, the claimant may be able to obtain a default judgment against them.
IV. Settlement Conference
The court may schedule a settlement conference to try to resolve the dispute before proceeding to trial. The settlement conference is an opportunity for the parties to discuss the issues and explore the possibility of reaching a settlement.
V. Trial
If the case is not resolved at the settlement conference, it will proceed to trial. The trial is usually held in a courtroom, and both parties will have an opportunity to present their evidence and arguments to the judge.
VI. Judgment
After the trial, the judge will make a decision and issue a judgment. If the claim is successful, the judge may order the defendant to pay the amount claimed, plus interest and costs.
VII. Enforcement
If the defendant does not pay the judgment voluntarily, the claimant may need to take steps to enforce the judgment, such as garnishing wages or seizing assets. It is important to note that the procedures of Small Claims Court may vary depending on the specific circumstances of the case
Steps in Small Claims Court
Several important steps may arise in a Small Claims Court case, including:
1. Motions
Motions are used to seek relief from the court during an ongoing case. Common motions include:
- Set Aside Default Judgment: If a defendant failed to file a defense or attend court proceedings within the required timeframe, they may file this motion to cancel prior judgments and reenter the case.
- Adjournments: Request to reschedule a settlement conference, especially when prior adjournments have been granted.
- Strike Out Pleadings: Remove all or part of a party’s claim or defense if it doesn’t meet legal requirements.
- Obtain a New Trial or Dismiss an Action: Used when delays have unreasonably affected the case or when the claim lacks merit, such as in cases where the statute of limitations has expired or the claim is frivolous.
2. Enforcing a Judgment
Winning a judgment is only half the battle. If the debtor refuses to pay, Paragon Paralegal Services can assist with enforcement options such as:
- Garnishing wages or bank accounts through an Affidavit for Enforcement Request and Notice of Garnishment.
- Hiring a collection agency to pursue the debtor.
- Placing a lien on property, if the debtor owns real estate, using a Writ for Seizure and Sale of Land.
- Personal property seizure, including vehicles or other assets, enforced by the sheriff.
- Examination hearing to obtain the debtor’s financial information for more effective enforcement.
Enforcing judgments can be complex, and we’re here to guide you through the process to help collect what you are owed.
Why Choose Us for Your Small Claims Court Case?
Whether you’re filing a lawsuit or need to defend against a Plaintiff’s Claim, Paragon Paralegal Services can offer comprehensive legal guidance. We:
- Provide advice on case strategy to maximize your chances of success.
- Assist in gathering evidence to strengthen your position.
Help you prepare and present your case with confidence.
Contact us for a Consultation
If you’re ready to take the next step, reach out to Paragon Paralegal Services today. Schedule a confidential consultation to learn how we can assist you in navigating the Small Claims Court process with ease.