Getting Started in Small Claims Court: Professional Representation and Proper Documents per Forms and Rules

Question: How do I start a lawsuit in Small Claims Court?

Answer:   To commence a lawsuit in Small Claims Court, you need to prepare and issue a document known as a Plaintiff's Claim, specifically Form 7A, which can be found online.  While filling out the basic information may seem straightforward, understanding what details to include or omit can be more complex.  It is advisable to review the rules set out in Rule 7 of the Rules of the Small Claims Court to better understand your obligations and the information you need to provide.  For added clarity and guidance throughout the process, Denali Paralegal Services can assist you in navigating these requirements, helping you to make informed decisions and better prepare for your case.

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 main form is relatively easy to complete as much is just filling in the blanks with basic information such as names and addresses of the parties involved in the lawsuit.  More difficult is the telling of the story that gives rise to the lawsuit whereas, in legal matters, the story often must be written in a sensible chronology and will often require some legalese, even in Small Claims Court. Additionally, knowing what should be said and what should be omitted can be crucial.  The rules of process for starting a legal case in the Small Claims Court can be 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 a counterclaim is brought against me?
• What if I lose the lawsuit?
• What if I lose and legal costs are awarded against me?
• What if the Defendant includes a 'third party'?
• What if I name someone wrong?
• What if the case is more complicated than expected?

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.