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    How To Start Your Small Claims Action In 3 Simple Steps
    Posted: 2010-08-24 10:01:11




    The biggest step of any journey is the first one. Starting a Small Claims action is no different.

    Making the decision to file a claim can be difficult. You may feel strong emotions about the event or you might not think that the situation is serious enough to press legal action. Furthermore, the process of starting a Small Claims action can vary from painless to frustrating.

    The difficulty that most people face is that they don’t understand where to start.

    We are going to explain how to start your Small Claim in three simple steps:

    1. Fill out Form 7A, Plaintiff’s Claim

    As the plaintiff, it is your responsibility to complete Form 7A. You must ensure that all pertinent information about the defendant (the person or party you are suing) is correct. Additionally, the details regarding the claim – what happened, where and when – must be clear and complete. Finally, you must specify how much money you seek as part of the Small Claim suit.

    2. File Form with the Court

    After paying a fee of $75, filing Form 7A (bring copies) with the court kicks off the Small Claims process. The court will process and stamp the form and then return the copies to you.

    3. Serve the Claim

    The last step in the process is to serve the claim to the defendant. You can either hand-deliver it yourself or, for an additional fee, have someone else serve it for you.

    The Ontario Court Forms Assistant website provides some guidance.  Their guide will walk you through the completion of Form 7A online. Be clear and detailed when relating your version of the events in Form 7A.  Using the right language is important. Keep your explanation as simple as possible, but ensuring you cover the most important details.

    You might also consider a document preparation service such as My Legal Briefcase. After answering a few basic questions, we will give you the documents you need to take with you, completed in full and ready to be served to the defendant. We offer a variety of packages to cater to our customers’ different needs.

    Next time we will compare the experience of starting your own claim with how a document preparation service can make the process much easier.

    In the meantime, good luck. Simply starting a Small Claims action is a big step towards reaching a resolution.

    Although My Legal Briefcase takes every reasonable effort to ensure that the information on our website and documents are up-to-date and legally sufficient, My Legal Briefcase is not a law firm, and the employees of My Legal Briefcase are not acting as your attorney.

    Image of Plaintiff's Claim - Form 7A can be found on the Ontario Ministry of  Attorney General website http://www.ontariocourtforms.on.ca/english/scc/.



    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.