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 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 prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at 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 am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally 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.