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

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 main parts of the Form 7A document are quite easy to complete as such simply involves filling in a few blanks of 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, if any.  There are various rules regarding the extent of information that is required.  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 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.