It’s a great question and the answer is YES! If you’ve never been to a small claims court it’s used when there is a dispute between yourself and either a private party or a business. However, this is not a court that deals with criminal issues, but only financial discrepancies. The judge will look over all the evidence and hear both sides before he or she decides who owes what and how much.
Unfortunately there is a cap that is setup with a small claims court, but it depends on the province you go to court. A great example of this is Ontario, Canada that only allows $10,000 as the maximum amount. Recently that changed though to $25,000, so if you file in Ontario this would be the most you could ask for in your claim.
Now keep in mind there are a few things a judge can do once he or she has heard both sides of the case. The judge will then consider the evidence as well from each party and either:
* Award you everything you are asking.
* Give you a lesser amount
* Possibly rule in favor of the defendant and award you nothing
* Make a judgment for the defendant if they brought forth a counter-claim
What it comes down to is the best scenario would be to get everything you ask for as the plaintiff. Unfortunately this doesn’t always occur. Plus, if you’re unaware of the Canadian laws or even the local laws in the province it can be even more difficult.
Instead of going into the small claims court without being prepared, most people turn to a paralegal to represent them. They will be able to inform you of all the laws and give you that extra edge that is needed in the courtroom. A few things they will be able to advise you on will be:
* Entering everything that needs to go into evidence
* What you should or should not say in court.
* How to behave in court and respond to your defendant’s comments.
* How to describe your case and fill all the paperwork out properly
When you enter a verbal and written testimony, the judge is really good at picking up those small descrepancies between them. This is just one of the many reasons why a paralegal’s assistance will be required. They can help you prepare the initial paperwork and save you the hassle of trying to explain yourself. If you don’t it’s possible that something this small could cause you to lose the case.
With a good paralegal on your side, you are likely to misrepresent yourself in court or even become confused over the process, especially if you have never filed a claim before.
You: The Defendant
If you are the defendant going into small claims court because someone else has filed against you, then seeking representation must be the first thing you do after finding out about the case. A paralegal will help you understand all aspects of the claim and can find loopholes or mistakes on the filer’s part which could get you off completely or get you awarded money on a counter claim.
No matter what side of the case you are on, the Canadian legal system can be complicated and you definitely need to seek representation! Even though criminal charges and jail time are not on the table, you still stand to lose quite a bit if you are ruled against in a small claims court proceeding.