Debt recovery in Small claims court in Toronto
If a person owes you some money and refuses to pay, it will be possible to take your claim to the small claims court in Toronto. The order of the court gives you the legal right to get the money from the person who owes you. The court cannot collect the money for you.
According to the Law Society of Ontario, this type of financial claim is usually dealt with by The County court. The small claims court is just one of the functions of the County Court. Although the procedures for suing, the process for filing the case and the amount of money which can be collected can vary by court, knowing about the basic process in small claims court before filing the case can be essential for you. Depending on the amount of money you are claiming, the type of small claims court you use can be different. It should be considered that there are different limits in different states. Your options include:
- You can use Small Claims Track for claims under $5,000
- For claims between $5,000 and $15,000, Fast Track
- Multi Track for claims over $15,000
Keep in mind that the amount of your claim should not be more than $2,000 in Northern Ireland and under $3,000 in Scotland.
Benefits of small claims courts for Debt recovery in Toronto
Your state has a small claims court where you can sue another person who owes you and refuses to pay. The procedure for filing the suit will be different by court. Here are some benefits to filing your case in small claims court:
1. Presenting your case yourself with no need to hire a paralegal:
It is possible for you to present your case yourself with no need to hire a paralegal and it can be considered as a benefit of small claim court. In other words,you will not have to give a paralegal a percentage of the compensation.
2. limited expense and ease of filing your case:
Because you can file the case yourself in small claims court which is one of the benefits of small claims court, you need to review the procedure of filling the case in your state. Additionally, you have to collect documents and evidences to show that you gave the money to the person and in some particular case, you need to have written contract to prove that he knew there was a contract for repayment and the money was not given as a loan.
3. Immediate presented decision of your small claims court:
One of the crucial benefits of small claims court is that your case can be heard within 2 to 3 months from the date the caste is filed, and also you can get your final decision from the judge within minutes or within days.
Preliminary steps before filing a case
- Depending on the complexity of the case and the amount of money involved, before filing a case you should decide if small claims court is the best choice.
- If the case is complicated, consult a paralegal Toronto expert. Although it is possible for you to handle your case yourself without a paralegal, you can talk to a paralegal for advice about your case.
- You should send a demand letter to your defendant included the amount of money, the reason for the payment, and a deadline for the defendant to make payment. Stating that if payment is not made by the due date that you set, you can be proceeding in court can be essential.