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Filing a lawsuit
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| d!abolic |
| A company owes me around $3K and i'm thinking of filing a lawsuit in small claims court. I don't want a lawyer, since he'd end up taking most of that money. So what do i need to know? Can i even take a company to small claims, or is it for individuals only? And what's the maximum amount of money that can be involved before the matter has to be taken to regular court? Also, how often do people represent themselves there? |
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| Carney |
| yuppers........small claims is under 5g's i think.....but be prepared for a long wait......you wont see that money for a while. |
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| rabbitjoker |
I've sued people a few times.
Small Claims is up to $5k - correct.
When you get a judgement (win your case) the defendent usually doesn't pay.
As a result you have to file a motion for discovery (to determine their capacity to pay) at which time the courts will impose a payment schedule, which if not followed would result in contempt of court and the garnishment of bank funds or other assets.
The whole process for me usually takes about 6 months (from filing to garnishment of assets).
Have fun! The legal system is good times! |
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| TO guy |
Most small claims cases are not represented by lawyers, stakes not high enough. You get a lot of law clerks and paralegals doing that kind of work - or doing it yourself. But as RJ said, the loser usually doesn't pay. So if you don't think that the company that owes you is gonna pay you might want to forget about it.
http://www.attorneygeneral.jus.gov.on.ca/
good site, you can check filing fees and things like that. If you have any questions about the law, PM me - I'm doing the legal admin thing in school and would be happy to help out. |
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| Fir3start3r |
| quote: | Originally posted by Carney
yuppers........small claims is under 5g's i think.....but be prepared for a long wait......you wont see that money for a while. |
You probably won't see the full amount as you settle out of court...at least that's what the judge will try to do in a pre-trial to try and avoid the case altogether. |
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| morsy |
i took a law course and its 7G$ maximum not 5G$
correct me if im wrong |
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| TO guy |
| last I heard it was 10, going up to 20-25 soon. |
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| d!abolic |
| Why do you think that the company won't pay? |
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| TO guy |
| They just don't often pay ... no incentive for them. |
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| Skipper |
what about getting a lawyer that works on a contingency basis?
You lose, you don't pay. |
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| TO guy |
| Hard to find on a $3000 claim. Not worth their while even if they win. |
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| rabbitjoker |
| quote: | Originally posted by TO guy
They just don't often pay ... no incentive for them. |
Didn't you read my post about what to do if they don't pay:
As a result you have to file a motion for discovery (to determine their capacity to pay) at which time the courts will impose a payment schedule, which if not followed would result in contempt of court and the garnishment of bank funds or other assets. |
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