Whether you are suing someone or need to defend yourself and being sued, Legal Solutions can assist you. Small Claims Court deals with claims upto $25,000. We offer Free Consultations and Payment Plans to protect your rights.
Small Claims Matter
Legal Solutions can assist in suing or defending a small claims court claim upto $25000 in damages.
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Small Claims Court Services
Our Small Claims Court Services include:
- Unpaid Accounts for goods or services sold and delivered.
- Unpaid Loans
- Unpaid Rent
- Property Damages
- Personal Injuries
- Breach of Contract
Affordable Small Claims Court Lawyer
- Flat Fees
- No Hidden Costs
- Payment Plans Accepted
Small Claims Court in Toronto: Do You Need a Small Claim Lawyer?
Once a person has decided to follow a remedy in small claims court, the question that usually follows would be: “Do I need a lawyer to perform this?”
The answer to that question might vary. Like so many questions of law, it is yes, and it is a no. But why is that?
You see, the small claims rules are made for individuals with no legal training. Small claims are designed to help questions of law and fact briefly. That only makes that the Keep It Simple (KIS) principle applies. The majority of litigants in small claims court represent themselves. However, some employ experienced and qualified law students or paralegals. Lawyers are utilized less frequently.
Given the monetary limitation of $25,000 within small claims court, at the same time, the limitation on prices to 15% of the claim, it’s often hard to rationalize employing a lawyer or other representatives to defend in small claims court from a financial point of view.
That does not denote that there is no role for any legal advice.
Now, if you are considering a lawsuit, or you’re being sued, there’s no alternative for an opinion from a certified professional when it comes to the process, liability and damages. What’s more, as a plaintiff, do you have the case? What’s the value of your claim? Are small claims the right place or is there other ways to further your problem?
As a defendant, do you have your claim to advance? What defences are accessible? For either party, how do you make the most of the costs award? Should you win or lessen the costs payable should you lose?
Now, if you find yourself in a case where a legal fix can be sought in small claims court, it could be a great idea to consult a small claims lawyer for advice, even if that lawyer does not come to court with you or take care of the paperwork. You see, litigation is not always about the money. You will also find personal or legal or even valid business purpose at play in deciding to defend or sue.
Is It Necessary to Hire a Lawyer?
What’s the bottom line? A lawyer is not necessary for small claims court in Toronto, and while it might not make financial sense to be represented in court through a lawyer. However, it might be practical to invest in a couple of hours of a lawyer’s time to help you elucidate concerns and options should you find yourself involved in a small claims case.
How to Win When You Go to Small Claims Court?
Home buyers will normally sue sellers in small claims court over issues which arise after closing once the amount in dispute is $25,000 or much less. The primary reason is that you could make a claim without a lawyer and the charges are comparatively low. However, although you do not need a lawyer in Toronto, you’re much better off with some professional help, either from a paralegal or lawyer.
That’s mainly because they are typical mistakes people make when they do this by themselves, including:
- They do not present enough evidence to justify their claims, such as a clear explanation of the order of events, receipts, invoices and more others.
- People do not sue the correct person. For instance, they sue a company without the term “Limited” at the end. Any conclusion gained might be useless.
- People forget that the majority of lawsuits should be bought within two years or you forfeit your power to sue.
Now, since small courts hearings are always open to the public, it is a better idea for anyone considering filing a claim to watch. They must understand and see how they work and what the judge like and does not like.
A lawyer or paralegal will assess no matter what your claim is. He or she will provide you with an opinion of its benefit, but more fundamentally, will ask whether you’ll be able to get any money once you win. If you win in a Toronto court, often after two years, the judge doesn’t ask the loser for a cheque. You need to collect that money individually.
There’s less point spending time and money to get a judgement from someone if you cannot collect. To garnish wages, you must understand how they work. To pursue their bank accounts, you need to understand where they bank. To go after a real estate, you need to know where they might possess property.
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