what type of queztoonsshould i ask when my small claims suit goes to trial

A small claims example shouldn't be taken lightly. Here are ten questions to consider earlier making a claim. The answers might salve you lot fourth dimension and money. They might even help you settle your case without going to court.

i. Does your merits authorize for minor claims court?

To qualify for small claims court, you must be claiming $15,000 or less. However, some types of claims can't be heard in pocket-size claims court even if they're under this limit (for example, a claim concerning a lease for an apartment).

Learn more: "Small Claims Court: Accessible to Everyone"

two. How much will it price?

It will cost you betwixt $100 and $300 to file your claim, depending on the amount you're claiming. The person you're suing (the defendant) must pay similar costs if they make up one's mind to file a defense. The person who loses the example unremarkably has to reimburse the other person for their costs. There might exist some additional fees, depending on the nature of your case (for example, if you hire an expert such as a building inspector, to testify).

3. How long will it have until a judge hears your instance?

On average it takes between 6 and xv months from the time y'all file your merits to the day of the trial. You'll receive a find by mail about 6 weeks ahead of time indicating the date and time of the trial and the address of the courthouse.

4. Have you tried to reach an agreement with the other party?

You can try to negotiate an agreement with the other political party instead of going to court. This selection might lead to a quick settlement without having to go to courtroom.

Even later on you've filed your claim in courtroom, you can withal try to attain an agreement with the other political party. Mediation can as well help you reach an agreement. This service is free if you have a instance at the pocket-sized claims court.

Learn more: "Mediation in Small Claims Court" (video)

5. Take you sent a demand letter?

You can send a demand letter of the alphabet to the other political party earlier submitting your claim. The demand letter serves to explain the problem, specify the corporeality of money you are challenge, and requite the other party a reasonable corporeality of time to pay (usually 10 days). In some situations, you're required to send a demand alphabetic character before you tin can take someone to courtroom.

Learn more than: "Need Letters: The Basics"

half dozen. Practice you have the prove and documents yous need?

You need evidence to convince the gauge that you are right. If you don't have evidence, the judge might dismiss your claim. Written testify generally carries the most weight (for case, a written contract, an invoice, an e-mail, etc.). When it comes to evidence, quality is more important than quantity. You're better off with a few items of evidence that are very convincing rather than a lot of bear witness that is not very disarming.

Larn more: "Testify in Pocket-size Claims Courtroom: Tips for Preparing Your Case" (video)

seven. Are you suing a company?

If you're suing a company, you must apply its official name, which might be different from the name yous're familiar with. To make sure yous use the right name, you lot can expect it up for free in the "Registre des entreprises du Québec" (enterprise register). Click on "Observe an enterprise" and enter the visitor's name in the search bar.

Learn more than: "Identifying Who to Sue"

What if the company is a merchant?

If the company is a merchant, yous tin endeavour to reach an agreement using the PARLe platform available free of charge on the website of the Part de la protection du consommateur (consumer protection office).

viii. Is it too late to file a claim?

You usually have iii years to file a claim in small claims court. This fourth dimension limit is called "prescription." It's the amount of fourth dimension you accept to file a merits before your right to sue expires. The time limit begins when you lot learn well-nigh the elements supporting your merits. There are exceptions to the three-twelvemonth time limit. For example, the time limit can be shorter in certain situations.

Learn more: "Prescription: Legal Deadlines"

9. Will you lot ever go your money?

Even if the judge rules in your favour, you might have trouble actually receiving your money if the other party doesn't have the means to pay. Therefore, earlier you file a claim in small claims court you should consider whether the other party will exist able to pay. If you don't know the other political party's financial situation, y'all can hire a tracing agency to obtain information on this, and find out whether they can pay the amount you lot're challenge.

x. What are your chances of success?

Yous tin can consult a lawyer to help evaluate your chances of success before filing a claim. This will save yous time and money if your claim isn't likely to succeed. A lawyer can also help you prepare your case but isn't allowed to represent you in pocket-sized claims court.

Many law firms offer affordable packages for small claims cases. You can do an online search to find ane that suits yous.

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Source: https://educaloi.qc.ca/en/capsules/small-claims-court-10-questions-to-ask-yourself-before-making-a-claim/

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