OT: Anyone file a small claims court case?

[Skywalker]

Unfortunately, we are being forced to sue someone in small claims. The extent of my knowledge in this area is based solely on Judge Judy. LOL. Just wondering if anyone in Canada, specifically Ontario I guess, has ever been involved in a small claims court suit and if there is anything I should know, any tips, etc?



Thanks!

 

[sapiendut]

Yup. I've done that against Samsung Canada and Mazda Canada. Fortunately for me they settled before long before the hearing date, so I can't really tell you the experience.

PS: they settled because from the get go I never asked for much, I just want my expenses caused by the lemons I bought from them reimbursed. In the case of Samsung, they needed to replace my TV more than 4 times in a year, with my Mazda, the transmission broke at 50,000 km and they originally refused to honour the warranty because I installed a 3rd party stereo system.

 

[Timon]

I had some experience with it back in the early 90's. Maybe things have changed since then but at that the time, even if you won your claim, it wasn't enforceable. Meaning, unless the person whom you won your claim against is willing to fork over whatever you won from them, there's nothing you can do legally to get that item/money from them if they simply don't want to give it to you.

I thought it was pretty pointless, maybe it's changed since then???

JUst try to be as prepared as possible with all documents/evidence organized and make sure you look presentable.

Good luck!

 

[Skywalker]

Sapiendut (what the heck does your name mean, anyway? LOL) that is great that they settled. I would love it if the guy we are suing comes to his senses and offers to settle but I will not hold my breath. It is just a small business guy, not a large corporation...good for you for standing up for your rights!

Timon, thanks for the tips. That is pretty discouraging though, if the judgement is unenforceable. I will have to look into that to see if it is still the case...

Oh, one more question...is it a good idea to have a lawyer or is representing yourself the smart way?

Thanks so much.

 

[sapiendut]

Sapiendut (what the heck does your name mean, anyway? LOL) that is great that they settled. I would love it if the guy we are suing comes to his senses and offers to settle but I will not hold my breath. It is just a small business guy, not a large corporation...good for you for standing up for your rights!

Oh, one more question...is it a good idea to have a lawyer or is representing yourself the smart way?

Thanks so much.

1. The meaning? I'll PM you.
2. According to my lawyer (who happens to be my friend), for small claims court, don't use lawyers because it will make you appear 'smug' in the eye of the court.

 

[Debbie]

1. The meaning? I'll PM you.

NO FAIR! We all want to know!!!

 

[sapiendut]

NO FAIR! We all want to know!!!

tee hee

 

[mom_rules]

I agree, we all want to know!! ditto that comment.

I have had a few occassions where we have started proceedings - I suggest
you file a formal letter with a copy at first to your lawyer so they have it on record. In our cases, once the people/company find out that we are serious (by way of formal letter cc. lawyer) they quickly came to their senses and settled before the hearing dates.
Don't necessarily need a lawyer but sure helps to keep them in the loop if you require their assistance later on.

 

[lilsonicfan]

You definitely don't need a lawyer for small claims court, it really is the "people's court" (but not like the TV show!) Not sure about Ontario, but here in BC some cases get referred to mandatory mediation which is a sometimes useful way to settle the case before it gets to court. I agree that you could speak to a lawyer to get him/her to draft a letter for you, but it may not be worth the expense, depending on what you are suing for.

Here in BC (and I would imagine in other provinces too) there's a Court Order Enforcement Act which can help you enforce any award you do get in court.

 

[PoohBWV]

We have successfully sued a business who refused to pay for a repair my husband did for them. It was most definitely enforceable, however you will need to know where the person/business banks at. We knew from a deposit cheque that was made on the repair. Once we received the judgment, I took it to the bank where they dealt and gave it to the bank manager. I had the money including all of our expenses within minutes. As long as the money is in their account, it is yours. It was a fairly long process, and you have to be sure to have all of the paperwork filled out properly, but it does work. In our case the party we were suing didn't even bother to show up in court.

BTW, I think that if there is property involved you can put a lien against it as well.

 

[bunnyfoo]

Bunnyfoo's dbf here-

I'm not a lawyer, but I've successfully sued a computer retailer in Richmond Hill, ON. It's fairly easy. Not knowing any details, here's a rough outline of what you can do.

1. Write a letter to the party you plan to sue. Outline the key details of the transaction and be very specific about what you want from them.

Do not tell them you plan to sue them. Make sure your language is firm and unambiguous (don't use phrases like "we believe" or "we thought", etc.) This letter will become part of your court documents, so don't say anything you don't want a JP to see (but don't lie or omit key details either). Also make sure you include a way to contact you in the letter. Address it to the highest person in the company you can find.

Send this letter *registered* mail. This is key. When a smart business person gets a registered letter written in this fashion, they should know what it means.

2. Wait for a bit, then call the company and ask about the letter/transaction. If they're receptive, try and work it out- but don't give them more than a few weeks from the first phonecall. If they're not receptive, drive over to the small claims office and file your claim immediately.

You'll need to bring with you all invoices & correspondance that you feel is important to your claim. I believe you can add documents at a later date, including sworn statements of people who cannot appear, etc. Confirm any fuzzy details- they're used to dealing with inexperienced people and were helpful to me.

3. Serve your claim. If this involves returning defective merchandise, you will have to bring it to the business with the claim (i.e. if you want a refund, you have to return the unit to them).

You definately can enforce a claim, even if you don't know the business's bank (unless they go under).

Good luck!

 

[soupy11]

We have successfully sued a business who refused to pay for a repair my husband did for them. It was most definitely enforceable, however you will need to know where the person/business banks at. We knew from a deposit cheque that was made on the repair. Once we received the judgment, I took it to the bank where they dealt and gave it to the bank manager. I had the money including all of our expenses within minutes. As long as the money is in their account, it is yours. It was a fairly long process, and you have to be sure to have all of the paperwork filled out properly, but it does work. In our case the party we were suing didn't even bother to show up in court.

BTW, I think that if there is property involved you can put a lien against it as well.

I don't think you can walk into a defendants bank and seize their assets. Only the baliff would have power to do that through a garnishee order. When you attempt to garnishee a bank account, you get one shot at it and if there is no money in the account at the time, you basically are out of luck. Better to garnishee an employer or someone who owes the person/company money. As far as placing a lien on property, if you know of real estate owned by the defendant you can order a writ of seizure on it. This sounds worse than it is. It basically allows you to recoup your money if and when the property is sold.

 

[PoohBWV]

Soupy11: We actually did receive a garnishee order from the court. It was not given to a bailiff but directly to us and we were told what to do. This was about 5 years ago, so maybe this process has changed, but I was successful in getting the money back without any hassle at all from the bank. This bank was in a small town, so perhaps that made a difference, but I am sure that they would have known what procedures to follow.

 

[Skywalker]

Bunnyfoo's dbf here-

I'm not a lawyer, but I've successfully sued a computer retailer in Richmond Hill, ON.

OMG I just had to laugh here...maybe I am suing the same person that you did! LOL.

Thank you and everyone for your tips and experiences. It is giving me the extra courage to go for it. I have been hesistant to actually officially take the next step but we will have to.

One more question? How intimidating is it being in court??

 

[bunnyfoo]

It's not that intimidating. Traffic court is much worse (when you haven't made a deal). At small claims the JP is a mediator, not your adversary. You'll also likely hear a dozen other claims before you have to talk about yours. At mine, the JP gave me some time to make a bargain with the defendant, and when that didn't happen, we both went up and told our sides of the story. The JP really didn't care what the retailer had to say- there were specific terms missing from the invoice which meant they were bound by the "default" terms under Ontario law, which favour the consumer.

 

[louisaho]

to complaint, or at least to address to the company that we are serious about the issues?