Small claims courts are also known as magistrate courts or county courts, depending on where you live. Small claims courts have as their purpose to try civil cases between private parties; these cases involve monetary amounts that are not particularly large. These courts also sometimes handle other functions, and this is also true in Toronto. Small claims courts do operate independently of superior courts.

Small claims courts are also known as magistrate courts or county courts, depending on where you live. Small claims courts have as their purpose to try civil cases between private parties; these cases involve monetary amounts that are not particularly large. These courts also sometimes handle other functions, and this is also true in Toronto. Small claims courts do operate independently of superior courts.

If you go to small claims court to present a case, the monetary value of the case cannot be more than $25,000. Some examples of small claims court cases may include tenant and landlord disputes, wages owed by an employer and not paid, or compensation not rendered for services, like plumbing, electrical work, and so on; some clients for example, may refuse to pay for services rendered if they feel the service has been poor.

Before you can bring a claim before the court, you need to have attempted to settle your dispute beforehand and have proof of this otherwise you will be penalized by the court. Try to contact the person or persons to negotiate an amicable resolution. If all means to resolve your dispute fails within the one month legal period then write out the particulars of your claim in detail and seek legal representation. Your lawyer will in turn present this to the court. It is also prudent on your part to warn the other party that you will be taking court action.

There are some things you need to bring with you to present your case before small claims court. First, prepare two copies of your claim, one for yourself and then one for the court. You'll also need to pay a court fee to file a claim. This claim form is served to the defendant. You can do this yourself if you wish once the court has stamped the document. There's other documentation as well that's involved in the small claims process.

Once the court decides to hear the case, you will need to wait for notification for a final hearing. You will also be required to send copies of the documents you will be presenting at least a fortnight before the hearing takes place. Failure to do so will result in your case being postponed and as a penalty, you may have to incur all the costs of the suit. Your legal representation should assist you through these procedures and advise you accordingly. The court will then set the date for a hearing. If you will not be able to attend the hearing, you need to put this in writing, stating your reasons before sending it to the court.

The process of bringing a claim before the small claim court is a frustrating one without the right legal representative to aid you along. Because the verdict handed down is a final one, it is not subject to an appeal unless there was an irregularity in the proceedings or the court did not adhere to the law regarding the nature of your claim. Only good legal representation can decipher this on your behalf. The defendant in your case may also be uncooperative and may refuse to meet the court's ruling, wasting your time and money and forcing you to transfer the case to a higher court not to mention loosing out on the dues owed to you that are the subject of your claim. It is therefore important to retain the best legal representation to avoid these pitfalls.