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Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules
Question: How can I effectively start a lawsuit in Small Claims Court?
Answer: Starting a lawsuit in Small Claims Court involves filling out a Plaintiff's Claim form, but the process can be complicated by various potential challenges. Civil Litigations Paralegal Services can assist you in navigating these complexities, ensuring you understand the necessary steps and helping you address any potential complications, so you can approach your case with confidence.
Commencing Proceedings and Retaining Legal Counsel for Small Claims Court
Starting a lawsuit in Small Claims Court requires the preparation of, and issuance of, a Plaintiff's Claim document. The Plaintiff's Claim is a form, known as Form 7A, and is available 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 prescribed rules for the requirements when beginning a Small Claims Court lawsuit are available for review at Rule 7 of the Rules of the Small Claims Court.
Although many people think of the Small Claims Court as relatively informal, and some legal issues are simple enough that laypeople can handle a case without needing assistance from a lawyer or paralegal, there are concerns to think about. Concerns to think carefully about 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 concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Diligent review of these questions and the potential pitfalls are highly important before getting started.
