Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules

Question: What steps should I take to start a lawsuit in Small Claims Court?

Answer:   To begin a lawsuit in Small Claims Court, you need to prepare and issue a Plaintiff's Claim, which is a specific form called Form 7A.  While filling out the form may seem straightforward, the complexity arises in knowing what details to include or omit.  It is crucial to understand the rules set out in Rule 7 of the Rules of the Small Claims Court to avoid potential pitfalls.  Engaging KLP Paralegal Services Professional Corporation can guide you through these requirements, ensuring you present your case effectively and confidently.

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available online.  The main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of 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, if any.  There are various rules regarding the extent of information that is required.  The rules on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in Rule 7 of the Rules of the Small Claims Court.

Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about.  Concerns to think carefully about include:

• What if I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit.  Diligent review of these questions and the potential pitfalls are highly important before getting started.