Knowing These 5 Things About Small Claims Court Can Save Your Business Thousands

1. If You are Successful it Won’t Cost You…

The Courts of Justice Act provides claimants with protection from costs associated with protecting their interests. Claimants are able to seek costs in filing the claim, serving any documents, and fees from setting the matter down for a hearing or trial. In addition, you can ask the court for representation costs, which amount to 15% of the total claim. Making Small Claims Court a vital solution to settling disputes without the need for prolonged paper battles.

2. The Process Has a Fast Turn Around…

Speed of recovery is an important factor Small Claims Court recognizes. Once the claim has been served on the Defendant they must file a defense within 20 days. If the Defendant fails to do so, you can note them in default and have damages assessed against them in their absence.

3. A ‘Small Claim” is Considered Anything Up to $25,000!

Changes have recently been put into effect allowing Small Claims Court to hear claims up to $25,000. Opening the door for more serious disputes that can be heard in a more streamlined court process.

4. Difficult Defendants Will Still Pay Awards Against Them

You won your case, now what? Small Claims Court is able to provide your business with a number of enforcement remedies. If the Defendant doesn’t pay the claim awarded by the court you can garnish wages or place a lien against assets.

5. Money Has Time Value, What if the Defendant Takes a Long Time to Pay?

The Courts of Justice Act allows for claimants to ask the courts for interest while the action is awaiting trial call pre-judgment interest.  Upon a successful ruling in court, the court can also award post-judgment interest. This means that your award will collect interest, as prescribed by statute until the award is paid.

 

Contact us today if you have any questions or concerns, we are happy to help.

519-657-1LAW or info@Millarslaw.com