How Do I Start a Lawsuit In Small Claims Court?

A Small Claims Court Lawsuit Starts By Issuing a Plaintiff's Claim Document and Then Serving the Document Upon the Other Side. After Service Upon the Defendant, An Affidavit of Service Is Filed With the Court.


Understanding the Importance of Properly Reviewing and Preparing Before Starting a Small Claims Court Case

Lawsuit Document Getting a legal case started within the Small Claims Court involves issuance of a formal document known as a Plaintiff's Claim.  The Plaintiff's Claim document is known as a Form 7A and can be found 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 people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Concerns to carefully consider 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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.

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