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Understanding the Small Claims Court Process

With transparent one-time fees, expert guidance, and efficient case handling, we make it easier and more affordable for you to pursue your claim. Let us help you navigate the legal system and secure the justice you deserve.

Phase 1

Gathering Information and Case Evaluation

Initially, we assess the viability of your case. After confirming that your claim has merit, we provide you with a summary and disclose our one-time fee for representing you. A crucial part of this stage is conducting background checks on the defendant to avoid any errors that could jeopardize your claim later. We compile all the information you provide and prepare an official document known as the Statement of Claim.

Phase 2

Filing Your Claim

Once the Statement of Claim is ready, we submit it to the Provincial Court and handle all associated fees. The next step involves serving this document to the defendant. This can be done via registered mail, in person by a process server, or through court-ordered methods in case the defendant is elusive. It's essential to serve the Statement of Claim within one year.

Phase 3

Waiting for Defendant’s Response

After the Statement of Claim is served, the defendant has 20 to 27 days to file a Dispute Note. If they fail to do so, we apply for a Default Judgment, enabling us to proceed with actions to satisfy your claim, such as seizing assets or garnishing wages. This stage may involve filing additional documents and could lead to an Assessment Hearing.

Phase 4

Mediation

If the defendant files a Dispute Note on time, the court schedules a Mediation session within about two months. Mediation involves a neutral third party facilitating a conversation between you and the defendant to reach a settlement. Many cases get resolved at this stage.

Phase 5

Pre-Trial Conference

If Mediation doesn’t resolve the issue, a Pre-Trial Conference is set usually 3 to 6 months afterward. Here, a judge ensures both parties understand the requirements for the upcoming trial and may encourage settlement. If no agreement is reached, a trial date is set, generally 6 to 8 months from the Pre-Trial Conference.

Phase 6

Trial

We prepare you and any witnesses for the trial. This preparation includes reviewing the evidence, going over courtroom procedures, and planning questioning strategies. During the trial, we handle all presentations and cross-examinations. After both sides present their cases, the judge renders a verdict.

Phase 7

Enforcing the Judgment

Once a verdict is reached, the next step is to ensure you get the money you're owed. Several methods can be used, such as garnishing the defendant’s wages or seizing assets. We also register the judgment, which impacts the defendant's credit report. Judgments are enforceable for up to 10 years and can be renewed for an additional 10 years.