Whether it is to sue your neighbor for hidden defects, a store for a fall or an insurer for non-payment of compensation, it is necessary to assess the need to hire a lawyer in the event that the amount in dispute is less than $15,000.
In this article, we explain what you need to know about Small Claims Court.
Representing yourself on your own in small claims
The Small Claims Division is under the jurisdiction of the Court of Québec and hears litigation of less than $15,000. It is a court where you do not have the right to be represented by a lawyer. So, you have to represent yourself. The defendant will also have to defend itself alone.
There are fees to be paid, depending on the amount of the claim. However, these costs are usually claimed from the losing party.
Type of cases heard in the Small Claims Division
There are many small claims cases:
- Action for damages;
- Cancellation or termination of a contract;
- Bodily injury following a fall;
- Other cases of civil liability.
If you are not sure of the amount in dispute, do not hesitate to contact our firm.
It should be noted that one cannot sue for defamation or small claims support.
Prepare your application for justice with a lawyer
While you must represent yourself on your own in small claims, there is nothing stopping you from consulting a lawyer to help you build your lawsuit in order to get to court well prepared.
Indeed, the drafting of the application initiating proceedings and the legal logic behind this procedure facilitates the judge to understand your case and to render a judgment. Concise and well-structured paragraphs as well as numbered documents with an index will be used to facilitate the understanding of your file.
The Court of Québec provides a form to be completed, but you can attach a legal application duly prepared by a lawyer as an appendix. You must also attach your formal notice, which is a mandatory step before filing a small claims application, as well as the various supporting documents, such as:
- Receipts and invoices;
- Contract;
- Photos or videos;
- Etc.
For tips and sample letters of formal notice, click here.
Services of a lawyer for the preparation of his file
Our firm offers a small claims assistance service for the four main steps in the preparation of a file:
- Drafting of the procedure;
- Numbering of parts;
- Preparation for trial;
- Search for case law.
The preparation and presentation of your case will have a great influence on the fate of your dispute.
Compensation by the SAAQ for personal assistance at home