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

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 primary parts of the form are relatively easy involving simple fill in the blanks 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, or at least to avoid in the beginning.  There are many rules regarding the manner of what should be provided.  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 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.