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Small Claims Courts Most Frequently Asked Questions

What Is Small Claims Courts? In Ontario, the Small Claims Courts are branches of the Superior Court of Justice. It deals with civil disputes of a monetary value of up to $25,000 (Canadian).

Courts have simplified Small Claims Court rules and procedures.

What kinds of cases go to Small Claims Court? The Small Claims Courts can handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $25,000, excluding interest and costs such as court fees. This includes the value of all goods that the plaintiff is asking for in total, no matter how many defendants there are.

If the amount of your claim is more than $25,000, you can still choose to use Small Claims Courts. However, you will have to give up any amount of money past the $25,000 mark, as well as any future right to get this excess money in any other court. You cannot divide the amount of money you are claiming into separate cases. You cannot, for example, divide $20,500 into a $25,000 claim and a $500 claim in order to have the total amount dealt with in two cases.

How much will it cost me to make or defend a claim in the Small Claims Courts? The fee to the Toronto Small Claims court to file a Plaintiff’s Claim is $75.00 and $40 to file a Defence. A party - often the successful party - can ask that the other party be ordered to pay his or her costs incurred during the court procedure, such as court fees.

If I am successful, how will I collect my money?

It is important to remember that a judgment is an order of the court: it is not a guarantee of payment. If you obtain a judgment in your favour, and the debtor fails to pay you as required by the judgment, you may have to take further steps to enforce (collect) the judgment. Some methods to collecting your money include:

1. Garnishment of Wages

2. Garnishment of Bank Account

3. Lien on Property

How Can I File My Plaintiff’s Claim or Defence in the Toronto Small Claims Court? You can do so by visiting the Toronto Small Claims Court in person, hiring a paralegal/ lawyer or by completing your court forms online at EasyCourt.

For more information about filing a Plaintiff’s Claim or Defence in the Ontario Small Claims Court please visit www.easycourt.ca.


Did You Know

You can ask a judge to reduce a garnishment on your wages by making a Motion?

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*Prices quoted on this website do NOT include the ?Small Claims Court filing fee? which is payable to the Minister of Finance at the time you file your documents. Click here for a list of the fees charged by the Small Claims Court.

Disclaimer
easycourt.ca is a document preparation service. easycourt.ca does not offer/provide or equate to legal advice. easycourt.ca is not acting as your paralegal or lawyer and is not a substitute for the advice of a paralegal or lawyer. Our online tool simply guides you through the Small Claims Court Forms (in a simplified format) and assists you in preparing your court documents in a clear, correct and professional manner. easycourt.ca does NOT select, draft, complete, compute or assist in the completion of your documents. YOU select and prepare your documents using the assistance of our easy process. If you think you need legal advice, or feel that you have complex legal issues that you cannot resolve on your own, we recommend that you hire a paralegal or lawyer. easycourt.ca has references for AFFILIATE paralegals and lawyers capable of servicing your needs. Click here to arrange a consultation with a third party AFFILIATE paralegal or lawyer. For more details please reference our complete terms and conditions.