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

Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. 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 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.