Getting Started in Small Claims Court:

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

To start a case in the Small Claims Court requires the issuing of a document known as a Plaintiff's Claim.  The Plaintiff's Claim is a form, known as Form 7A, and is available 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 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 am countersued by the Defendant?
• What if I lose the case?
• What if I lose and the Defendant seeks costs against me?
• What if the Defendant sues another person as a 'third party'?
• What if I get a name wrong?
• What if the case becomes more complicated than originally expected?

The concerns listed above, among others, should be very carefully reviewed before bringing a lawsuit. Understanding and carefully reviewing the potential complications, considerations, and consequences, before starting a lawsuit is highly important.