Thank you for registering for the small claims court webinar, or web seminar. This is your opportunity to get a complete overview of the small claims court system so that you can intelligently weave your way through a small claims court action. At the end of this web seminar you should have a proper understanding of how to prepare, file and serve a claim, how to prepare for the Settlement Conference, Trial, what to do in case of default and enforcement. In the very least, even if you feel that you do need some assistance afterwards, you will know the right questions to ask your lawyer or paralegal and will understand what he means when he discusses various court procedures. Just a note, when I state “he” it is in no way meant to exclude “she” or females and is used simply for convenience.
Decide if it is really worth it Do you have the time Do you have the money? More importantly, does the Defendant have the money? Name the Defendant Properly Also as defendant, keep the name the way the plaintiff named you even if it’s incorrect
Make one copy for each party Claim consists of all forms and evidence Sue in the Correct Jurisdiction Affidavit for Jurisdiction if necessary Clerk may still deny the claim
Only necessary when there is no defence filed Call the court to see if defence was filed Must swear in front of commissioner Usually court clerk is a commissioner or can find one in court
Putting on the writs™ This is a lien on the property – cannot sell with a writ First thing you should do after receiving judgment Can also do writ for property but land is more realistic and accomplishes more Rule 20.07 Form 20D Writ and 20O Affidavit Garnish Rule 20.08 Form 20E Notice of Garnishment, Affidavit for Enforcement Request (20P) Garnishment hearing – 20.08 (15) Examination in aid of execution Rule 20.10 Form 20H Notice of Examination and 20P Affidavit for Enforcement Request 20.10 (4) (4.1) (5) – questions to ask, duties of debtor, and who you can ask questions to Drag them into court as much as you can and drive them crazy 20.11 contempt
Ontario Small Claims Court Webinar
Mr. Small Claims Court The One & Only Small Claims Court Webinar!
Your Presenter – Jordan Farkas <ul><li>Lead Lawyer </li></ul>