ANN CAREY acting as ANN`S LANDSCAPING on the application form; and you should explain the reasons for your position in the lawsuit. You must also attach copies of the documents you wish to use in support of your application (referred to as ”supporting documents”) to the application form. Keep your originals as you will likely have to hand them over to the judge when you go to court. If you are referring to documents that have been lost or unavailable, you must explain on the application form why this material is not attached. If the employee is satisfied with the content of the default judgment and all supporting documents, he signs the default judgment on the amount of the claim and interest (if you have claimed interest). A fee will be charged for this process. The court clerk will send copies of the default judgment to all parties. A plaintiff may amend a claim without paying any costs and without receiving a court variation order, provided that: A claim is served on any defendant within six months of the date of its issuance. In this way, you will avoid your claim being rejected by the Clerk for delay of two (2) years after filing. The forms for the plaintiff`s claim and the defendant`s claim contain a lot of information to help you fill out. Below is a list of the most important information you should include in your claim: In certain circumstances, after your claim has been served, you can enter into an agreement with the defendant to settle the claim amicably, or you can simply decide not to pursue your claim.
If you no longer wish to process your claim and the defendant does not file a defense, you may send the defendant a notice of termination of the claim [Form 11.3A] and submit that notice to the court with proof of service. Further information on the service can be found in the ”Guide to the Service of Documents”. If you served your claim on all defendants outside the territorial division of the court, you must also file an affidavit of jurisdiction [Form 11A] at that time. If you are unsure of the court office that handles cases in the area where you want to make your claim, you can call the court office where you think you should file the lawsuit and ask the court clerk. Court addresses and telephone numbers can be found on the Ministry`s website at www.ontario.ca/attorneygeneral. Naoki filed a $5,000 lawsuit in Small Claims Court. It has a written contract signed by the parties, which states that interest will be charged at 10% per year. You must clearly indicate or write on the application form a clear overview of the events that took place and the reasons why you believe you are entitled to a judgment. It`s up to you to decide how to explain your case. Often, a good way to organize what you want to explain is in the order in which the events actually took place. You may also find it useful to use separately numbered paragraphs. Give a full explanation of what happened, including the dates and locations of the event.
Some small claims courts have no place for text; Simply check a box to specify the type of case. For example, the New York Small Claims Form lists checkboxes next to 28 different causes of action, from ”Auto Damage” to ”Check (Stopped).” The form also provides a single line for ”Other (Be brief)”. In general, you are not required to file the affidavit for jurisdiction with the court until you are ready to proceed with certain steps, at para. B example to request that the defendant be noted in default. However, if you are not sure whether to file in the right jurisdiction, you may want to prepare an affidavit for the jurisdiction to file your lawsuit and ask the clerk to review it. This can help avoid delays and additional costs if you cannot later prove that the claim was made in the competent jurisdiction. In this case, you may not have the right to bring an action in the court where you filed your claim. Get an application form by visiting the local courthouse or downloading the form from the court`s website. These forms provide spaces and lines for all the information required for the legal deposit of the claim. Some dishes provide forms to fill out that you can fill out online and then print. This is your best option because it makes the claim readable and clear to both the defendant and the judge.
You must submit to the Clerk a copy marked ”MODIFIED”, with the additions underlined and any other changes indicated on the amended application. Sign and date the claim at the bottom of the form in the field provided for this purpose and in the presence of a notary, if required by law. Print the correct spelling of your full legal name. If you have a lawyer representing you in this case, they must sign for you and provide the address and telephone of their place of business, as well as (in some jurisdictions) their state attorney number. The court clerk will file your claim and accept your filing fee, and they will issue a subpoena that you will have to serve on the defendant either in person, through a processing server, or by registered mail. The affidavit of jurisdiction would not be required if you had filed your claim with the Court of Whitby, as you would have served the defendant in the Territorial Division of the Court of Whitby. The defendant may challenge the claim in whole or in part as part of his or her defence [Form 9A]. The defendant must serve and file the action with the court within 20 days of service of the claim. At the end of the 20-day period, the court registry will accept a defense for filing if the defendant is not in default. You don`t need to use ”legal language.” Just say what happened, including the important details. The defendant must know exactly what it is. After completing your application form, the next step is to file the lawsuit and supporting documents, along with a copy each, with the Small Claims Court Office where the original claim was filed.
When you submit your application form, you will be asked to pay a fee. For more information on fees, see the ”Guide to Fee Schedules.” The clerk keeps the original application and a copy of the documents in the court file. The copy will be stamped and returned to you. You must then make enough photocopies of the stamped copy to serve your defendant`s claim on each defendant. Small Claims Court may process any claim for payment of money or recovery of personal property if the amount claimed does not exceed $35,000, excluding interest and costs such as court costs. This includes the value of all property that the plaintiff demands in total, regardless of the number of defendants. For more information, see the guide ”What is a Small Claims Court?”. On your application form, you indicate the interest rate you claimed before the judgment, which applies under an agreement or the law of the court, but the amount of interest before the judgment is not calculated until the judgment has been rendered: Part Two: What happens next to the plaintiff`s lawsuit? This article on writing a claim statement includes 6 steps to help you create it.
The section is addressed to the Superior Court (many, but not all, concepts also apply to Small Claims Court). This is legal information, not legal advice. I have read many statements that span the entire spectrum, from the excellent to the terrible. Pleadings are the first thing a judge considers for a trial. The excellent pleadings are an easy-to-understand story that covers the 5 W: who, what, where, when and why. An ”unliquidated” claim is a claim in an amount that a judge must approve, e.B property damage, bodily injury, mistreatment and/or termination indemnity. This type of claim requires an assessment of the damage by a judge. The registrar signs the judgment on the unpaid balance of the claim that the defendant had admitted to owe. For more detailed information, you should consult the Small Claims Court rules. This is a regulation made under the Courts Act.
To view the rules online, go to www.ontario.ca/laws/regulations/980258. You can complete your application, pay the fee and submit it online through the Attorney General`s Small Claims Court e-Filing Service portal. An easy-to-follow step-by-step registration wizard guides you through the filing process and helps you complete and file the claim. The court will email you your court-stamped claim and instructions for your next steps. For more information and to submit online, go to www.ontario.ca/page/file-small-claims-online. If you are thinking about filing a claim in Small Claims Court or are already involved in a case, it is important that you read this entire guide and the guide ”What is a Small Claims Court?”. These guides answer questions about the court and provide examples of how to prepare for a typical lawsuit in small claims court. Prepare your complaint carefully. It will be easier for all parties to understand who is making the claim and what exactly is being claimed. Calculate and explain the amount of money you are claiming.
Name the right defendant. You must provide the full legal name of the other party with accurate and correct spelling, as well as their address and phone number, if you have any. When you make a claim against a business, provide the name of the company as registered with the state. Any business operating under a name other than that of its owner must register its ”fictitious name” and this information must be available online from the state agency or court that maintains the register. If all the defendants in the defendant`s claim were served outside the territorial jurisdiction of the court, you must also file an affidavit of jurisdiction at that time. If you prefer to file your claim in person or by mail after completing your application form, the next step is to send or send the claim and supporting documents, along with copies for you and each defendant, to the Small Claims Court office. .
