If the defendant does not file a defense with the court and at least 20 days have passed since you served the lawsuit, you can complete and file an application with the clerk [Form 9B] asking the clerk to default the defendant. You must also file a completed affidavit [Form 8A] for each defendant to demonstrate to the court that the claim was properly served on the defendant. While most Small Claims Court cases are more flexible than normal court proceedings, they still require a lot of paperwork. You may need the help and expertise of a lawyer to complete your Small Claims Court forms before they are reviewed and filed. For example, if you complete your Small Claims Court forms, you will need to complete one of the following (as applicable): The court will send a notice of settlement conference to all parties, unless the defense includes a proposal for terms of payment for the total amount claimed. The settlement conference is expected to take place within 90 days of the first defence. For more information on comparison conferences, see the Court Preparation Guide. If a party against whom the defendant`s claim is invoked is in default, the Rules of Procedure provide that judgment against the party may be obtained only at trial or on application. In order to initiate the dispute, the injured party (the “Claimant”) prepares a statement of claim. The application consists of two parts: one containing a communication to the party who injured the plaintiff (the “defendant”) on the nature of the proceedings and on the consequences of the non-defense of the defendant of the action.
The second part contains the claim itself. If you filed your claim online, you may also need to file hard copies of all documents submitted and issued electronically with the court while requesting your hearing on the terms of payment. The Ministry of the Attorney General has a number of small claims court case guides available at court offices and on the Attorney General`s website under www.ontario.ca/attorneygeneral: If you prefer to submit your application in person or by mail, the next step is to receive or send the application and supporting documents after completing your application form. and copies for you and any defendant at the Small Claims Court Office. When you submit your application form, you will be asked to pay a fee. The clerk keeps the original application and a copy of the supporting documents in the court file. Copies will be stamped and returned to you. Keep a copy for your records and serve each defendant with a stamped copy. For more information on fees, see the “Guide to Fee Overviews.” The Rules of Procedure allow the parties to arrange the service of their own claims as follows: (amount of the main claim) x (interest rate before the judgment) ÷ (365 days per year) x (number of days between the date of origin of the claim and the date of delivery of the judgment) = pre-conviction interest due on the date of the judgment After completing your application form, the next step is to submit the claim and supporting documents.
and a copy at the Small Claims Court Office where the original application was filed. When you submit your application form, you will be asked to pay a fee. For more information on fees, see the “Guide to Fee Overviews.” The clerk keeps the original application and a copy of the documents in the court file. The copy will be stamped and returned to you. You must then make enough photocopies of the stamped copy to serve your defendant`s claim on each defendant. Forms for small claims courts are available in the registries and on the following website: www.ontariocourtforms.on.ca. For tips on how to fill out forms, see the end of this guide. If you filed your application electronically online through the Small Claims e-Filing Portal and have not yet served your application, you can amend your application by returning to the Small Claims E-Filing Portal provided by the Ministry of the Attorney General. If you wish to change a claim filed electronically after serving the defendant, you can change your claim through the Small Claims Court Online Submission Portal or at the court office.
Both online portals are available under www.ontario.ca/page/file-small-claims-online. To sue in Ontario, you must hire a litigation lawyer. They cannot serve the application themselves in accordance with the Code of Civil Procedure. If you are filing a claim from a claimant, you must file your claim in the right place in the courthouse. You have a few options. You may file your claim with a court that meets one of the following criteria: If a statement of claim is served on one or more defendants, the defendant has twenty (20) days to respond to the request from the date of service of the proceedings The forms for the plaintiff`s claim and the defendant`s request contain a lot of information, this will help you fill it out. Below is a list of the most important information you should include in your claim: If the defendant admits only part of the claim and you are satisfied with their proposed payment terms, you will need to attend a settlement conference and possibly a hearing only for the portion of the claim that was not admitted. For more information on settlement conferences and court proceedings, see the Court Preparation Guide.
Small Claims Court may process any claim for payment of money or recovery of personal property if the amount claimed does not exceed $35,000, excluding interest and costs such as court costs. This includes the value of all property that the plaintiff demands in total, regardless of the number of defendants. For more information, see the guide “What is a Small Claims Court?”. Simply put, a statement of claim is a court-issued document that contains a summary of a plaintiff`s testimony against a defendant. It provides an overview of all the evidence supporting the applicant`s claim against another person. If you file your claim with a district court, it will be served on the defendant. If you are unsure of the court office that handles cases in the area where you want to file your lawsuit, you can call the court office where you think you should file the lawsuit and ask the social worker. Court addresses and telephone numbers can be found on the Ministry`s website at www.ontario.ca/attorneygeneral.
You don`t need to use “legal language.” Just say what happened, including the important details. The defendant must know exactly what it is. One complaint that lawyers often face by defendants is that they are being prosecuted for an absurd amount of money. When writing your trial, it can be difficult to judge the true value of a case until it goes to court and a judge and jury make the final decision. Because the assessment of pain, suffering and other harms can often be subjective, we never know what a jury might award to an applicant. As a safety precaution, we recommend that you sue for much more than you think your case is worthwhile. A “liquidated” claim is a claim for a certain amount due under a written contract or .B verbal agreement, such as an unpaid invoice, a rejected cheque and/or an unpaid loan. A defendant`s claim [Form 10A] may be filed by a defendant in an action in which the defendant asserts a claim in the action against another person or party (for example. B, the applicant or a co-respondent). In either case, you don`t have to prove the defendant`s liability (i.e., the defendant actually owes you something). You just need to prove the amount of the claim (the amount of money the defendant has to pay). A minor (a child under the age of 18) can sue for up to $500 as if they were an adult.
If the amount claimed is more than $500, a legal representative must represent the minor. A trial tutor is usually a parent or guardian. The guardian of the proceeding must complete a consent to act as a guardian [Form 4A] and file it with the court at the time the action is brought or as soon as possible thereafter. Naoki wishes to demand 10% damage interest in accordance with the written contract. Sixty days had elapsed between the date of birth of the plea and the date of delivery of the judgment […].