Is it worth it to take someone to small claims court for $10,000? I read all the documentation about the steps, however nothing talks about how long it takes to go to mediation and then actually get a court date.
Small claims court
- Thread starter michael_to29
- Start date
I would strongly disagree that it's worth it if someone feels "that they have a strong case". You may feel that way, but do you have the documentation to support it? That's key: without it, you won't get judgement or it will become a "he said/she said" type of thing, which could go either way. Also, it's only going to go to a settlement conference & possibly a trial if the defendant files a defence after being served. Ask yourself if they're likely to do so. Also, you should know going in what sort of enforcement you plan on doing if & when you get judgement. Does the defendant work, do you have their bank info, do they own real estate? Avoid judgement debtor examination, you're going to spend more on a process server because those documents should be served personally & even if the guy shows up, there's nothing preventing him from lying on the stand. It's a complete waste of time & money that rarely results in a payoff for the plaintiff.
The process itself is simple. However you need to have documentation supporting your facts/ situation/ claim. Once you submit the forms and papers to the small claims court you need to arrange to deliver ("serve") these papers to the defendant. The court will give a reasonable time for the defendant to respond. If they do not respond then you can go back to the court and they will decide based on the facts you presented. If the defendant responds they can not drag the case for long as the court would intervene and resolve the case. Business partner of one of my clients made frivolous claim against him in small courts. My client counter-claimed with better facts and stronger position in small courts. The other party realized their weaker position and approached my client to settle. They did not even have to go to mediation.
You can find more details about the small courts claims process at : http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/
You can find more details about the small courts claims process at : http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/
Absolutely worth it. Regular courts are 3 - 5 years MINIMUM whereas small claims happen rather fast. Upper limit at small clams in Ontario now at $25,000.
You don't have to do it yourself - why bother - there are plenty of para-legal companies that will take the load off for you.
When a client of mine receives a small claims action, I advise them to seek a paralegal and get preparing pronto.
In less than 1 year I have seen 3 small claims court actions commence and settle - it moves fast - no wiggle room to delay on either side.
You don't have to do it yourself - why bother - there are plenty of para-legal companies that will take the load off for you.
When a client of mine receives a small claims action, I advise them to seek a paralegal and get preparing pronto.
In less than 1 year I have seen 3 small claims court actions commence and settle - it moves fast - no wiggle room to delay on either side.
They are?
Maybe on a complicated matter where the other side is intentionally being difficult but on a relatively simple affair you should be out of court within 2.5 years. Small Claims IS shorter but can still drag for a good 18 months, especially if there's no lawyer on the other side.To answer the OP...
1) If your claim is legit and you aren't just being an asshole
2) If you are not suing out of 'principle' or to 'prove a point' (the two worst reasons to sue in the world)
3) If you have a semi reasonable possibility of actually collecting on any judgment you eventually obtain
Then absolutely it makes sense to go to Small Claims Court.
FYI, Just because Small Claims has a ceiling of $25,000.00, doesn't mean you are not allowed to sue in Superior Court if you want to for any amount.
Thanks for your advise. My main concern was the length of time it will take. I was offered a settlement for $6000 now. If it is going to be years before I even get to trial it may be worth it, but if I only have to wait a year it may be worth it.
If $6K is good enough to make you satisfied, if not necessarily happy, take it
You should also consider collectability. If you wait & go to trial, you need to do enforcement after obtaining judgment to collect if they don't pay voluntarily. If you don't have a way to enforce it, you should consider taking the settlement. It's going to depend which court you go through as well. If you're talking Toronto or Peel, you could very well be waiting a year for a trial date.
