Small Claims Court
Initiating and Defending a Claim
Small Claims Court - Initiating a Claim
At Haider Khan Legal we can help you through the process of rectifying financial disparities, whether you're seeking compensation for damages, pursuing the repayment of debts, or aiming to reclaim possession of an item. Our experience allows us to serve both individuals and corporations effectively. In Ontario Small Claims Court, you have the opportunity to pursue legal action for the recovery of money or the return of personal property valued at up to $35,000, not including interest and legal expenses.
Legal actions in Small Claims Court are primarily categorized into two distinct types:
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Claims for compensation for damages incurred;
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Claims for amounts owed under the terms of a contract.
It's important to note that initiating a claim in Small Claims Court does not require the presence of written agreements or contracts. While proceeding on the basis of verbal agreements may present challenges in proving your case, success is achievable with a well-organized presentation of the facts and strategic legal representation.
However, it's crucial to be aware that claims cannot be filed for issues that arose more than two years prior to the filing date. Additionally, selecting the appropriate courthouse for filing your claim is essential. Factors such as the location of the incident leading to the claim and the residence or business location of the defendant should influence your choice of venue.
Small Claims Court - Defending a Claim
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In response to the plaintiff's claim, the defendant has 20 days to file a defense.
If you are named as a defendant in a small claims case, you will receive a document outlining critical details of the case. This document will include the identity of the plaintiff, the nature of their claims against you, and the damages they are seeking.
Upon receiving this claim, you have three primary options:
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Ignore the Claim: We strongly advise against this approach. Ignoring a claim often leads the court to presume your agreement with the plaintiff's demands. Consequently, the court may rule against you in your absence, potentially resulting in a judgment that requires you to pay the claimed amount or surrender property without the opportunity to present your defense.
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Respond to the Claim: You must file and serve your defense within 20 days of receiving the claim. Your response should articulate your perspective on the allegations. You have the flexibility to acknowledge the claims wholly, partially, or deny them altogether. This response is crucial in ensuring your side of the story is heard in court.
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File a Counterclaim: If you believe the plaintiff owes you damages or has wronged you in a manner related to the case at hand, you may file a counterclaim. This is an opportunity to not only defend against the initial claim but to assert your own claims against the plaintiff.
Our team is here to guide you through each step of this process, ensuring that your rights are protected and your case is presented effectively. Ignoring a claim is never advisable, but with the right preparation and legal support, responding to or even filing a counterclaim can be a strategic move in your favor.
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