The Mississauga small claims court sees several cases every day. Be it an altercation between a landlord and their tenant, or compensation for faulty goods there is a good chance a small claims court can help you find adequate monetary compensation for your plight.
Most Mississauga citizens choose to go to a small claims court for its quick settlement process and lower legal costs.
But is taking someone to a small claims court worth the hassle? Let’s find out.
Which claims can a small claims court in Mississauga handle?
A small claims court in Mississauga can handle the following claims:
- Unpaid rent
- Unpaid loans
- Unpaid amount against goods and services sold
- Compensation for property damage
- Compensation for personal injuries
- Breach of contract
As you can see, any altercation that leads to a loss of money or damage of property can be taken to a small claims court.
What is the maximum amount you can sue someone for in a small claims court?
According to the law, any Mississauga citizen can sue someone for up to $35,000 in a small claims court. If you have incurred a loss for more than this amount, you will have to go to a Superior Court of Justice. Alternatively, you can choose to waive the amount that is higher than $35,000.
What is the process to file a complaint in a small claims court in Mississauga?
- The first step is deciding whether you want to sue the individual. If they are given a guilty verdict and are unable or unwilling to pay it would fall on you to enforce the judgement.
- After you have decided to sue, you will need to gather all the evidence you have in your favour and file a claim. You can do that by visiting a small claims office or their online portal.
- Once the opposing party receives their notice they may choose to make the payment directly. This can lead to the claim being considered resolved. If this does not happen, you will be allotted a court date for your hearing.
What happens in a small claims court?
Once you are allotted the date for your hearing, you and the opposing party are allowed to fight your case. You can take the help of a professional paralegal to prepare for your case, and this is usually recommended as their legal advice can help you fight your case better.
Once you settle, it has to be followed through.
Is it worth taking someone to a small claims court? A small claims court can be very helpful in recovering lost income. However, it may not be the best choice always. There are three things that you will need to assess:
1. Is your case solid?
Fighting a case you cannot definitively prove can lead to a loss too sometimes. It is important to assess the evidence you have. A paralegal can help you run through the points and ensure you are on the right track.
2. Does your opponent have the money to pay you back?
If your opponent is bankrupt or does not have the means to pay you the money, it may not be worth taking them to court. This is mainly because enforcing the final verdict, even if you win, will be your concern.
3. Will the amount you win be more than the cost of fighting the case?
If the amount you are trying to recover is a small one, it may just not be worth it to take time off work to fight your opponent. It can be hard to determine if a case is worth fighting over. In this scenario getting your case evaluated and proofread by a paralegal can help you save yourself a lot of time. A small claims court is a great way to get your case settled and money recovered, provided the trouble is less than the benefit.