a $96The Costs of Small Claims Court Suing someone in Small Claims Court costs money. For each lawsuit, the plaintiff must pay a $96 filing fee to the clerk of court. You pay an additional $30 fee for each defendant to cover the cost of the sheriff getting the proper legal forms to the defendant.
Filing fees generally are not more than $250. You may also need to pay a small fee for serving the defendant . If you win your case, you can usually have the defendants pay for your court costs . If you pay the filing fee , you can apply to have your fee waived.
Small Claims Court in Ontario will hear claims for money or personal property at a value of $35,000 or less (not including interest or costs). If you are looking to sue for an amount higher than $35,000 you will need to file your claim with the Superior Court of Justice and follow the civil litigation process instead.
You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.
If you have received notice that someone is taking you to court over a small claim and you ignore it, the claimant may be able to get the court to issue a judgment forcing you to pay. Therefore, doing nothing and ignoring the creditor can work against you.
You do not need a lawyer to go to Small Claims Court. But you'll probably understand the court process better if you talk to a paralegal or lawyer. If you earn a low income, you might be able to get legal help from Pro Bono Ontario. Pro Bono Ontario helps with cases in Small Claims Court and Superior Court.
$215 for filing a claim. $121 for filing of a request for default judgment. $380 for setting a date for a trial or an assessment hearing.
two yearsIn Ontario, for most matters, the claimant has two years to begin the lawsuit, either from the date the injury occurred or from the date notice was given (whichever is applicable).