How Do I Sue In Small Claims Court?

A Small Claims Court Lawsuit Starts By Issuing a Plaintiff's Claim Document and Then Serving the Document Upon the Other Side. Once the Other Side, Being the Defendant Is Served, An Affidavit of Service Is Then Filed With the Court.

Understanding the Importance of Properly Reviewing and Preparing Before Starting a Small Claims Court Case

Lawsuit Document To get a lawsuit started in Small Claims Court, the preparing and issuing of the document known as a Plaintiff's Claim is required.  The Plaintiff's Claim document is a specific form, numbered and referred to as Form 7A, and is accessible online.  The primary parts of the form are relatively easy involving simple fill in the blanks information.  The more challenging aspect of starting a lawsuit is knowing what parts of the story to say and what parts of the story to avoid saying, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  The rules of process for starting a legal case in the Small Claims Court can be found in Rule 7 of the Rules of the Small Claims Court.

Although the Small Claims Court is, generally, thought of as a court with relatively informal processes that are simple enough for people to do without assistance from a lawyer or paralegal, there are many potential pitfalls as issues to think about.  Issues to think about include, among other things:

  • What if a counterclaim is brought against me?
  • What if I lose the lawsuit?
  • What if I lose and legal costs are awarded against me?
  • What if the Defendant includes a 'third party'?
  • What if I name someone wrong?
  • What if the case is more complicated than expected?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.

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