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Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules
Question: What do I need to know about commencing a lawsuit in Small Claims Court?
Answer: Starting a lawsuit involves filing a formal document called a Plaintiff's Claim, known as Form 7A, and understanding the complexities that can arise—such as potential counterclaims or errors in the claim. Zofa Legal can assist you in navigating these intricacies to ensure your case is presented effectively and with careful consideration of all factors involved.
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 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 on starting a Small Claims Court lawsuit, referred to formally as commencing a proceeding, are found in Rule 7 of the Rules of the Small Claims Court.
Although people may think of Small Claims Court cases as an informal legal process, and indeed there are many Small Claims Court cases that are relatively simple enough that minimal, if any, legal training is required, there are still many concerns to consider. Before starting a Small Claims Court lawsuit, questions to consider include:
- 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. Diligent review of these questions and the potential pitfalls are highly important before getting started.