Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules

Question: What are the steps to commence proceedings in Small Claims Court?

Answer:   To start a case, you must file a Plaintiff's Claim, or Form 7A, which is available online.  While filling out this form may seem straightforward, the nuances of your case require careful consideration.  Understanding what details to include or exclude is essential for a successful claim.  You not only need to comply with the process outlined in Rules of the Small Claims Court Rule 7, but also navigate potential pitfalls like counterclaims, incorrect information, or increasing complexity of your case.  United Legal Services Professional Corporation can provide valuable support to guide you through the necessary legal procedures and help you make informed decisions on your journey through the Small Claims Court process. 

Commencing Proceedings and Retaining Legal Counsel for Small Claims Court

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 form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  The rules of process for starting a legal case in the Small Claims Court can be 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 I lose?
• What if the Defendant brings a third party claim?
• What if I get the name of someone wrong?
• What if a counterclaim is brought?
• What if the case becomes more complicated than first expected?
• What if legal costs are awarded against me?

The above questions, and many more, deserve careful review before haphazardly starting a lawsuit.  Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.