Small Claims Court Process
U-SUE specializes in managing your action in Small Claims Court. We handle all aspects of your claim until it is settled or a judgment is delivered.
We file all applications and serve all documents on the other party.
We will update you at each stage of the process and provide you copies of all documentation.
We are also available at any time by phone, text or email to provide you with an update of your claim.
We charge a single fee that covers all court appearances, disbursements and applications up to the time that you receive a judgment. There are no hourly fees.
Take advantage of our free claim evaluation.
Before we take your claim, we will ask to see the evidence you have that documents the debt or damages. This can include contracts, emails, invoices, cheques, text messages or descriptions of conversations or phone calls.
We will provide you with a summary of your claim and present you with our single fee.
Before we file a claim
We take the information you provide and write the claim to best present your interests.
We will file the claim at the provincial court and pay the filing fee.
We then must serve the defendant either through mail or in person. Knowing the whereabouts of the defendant is a critical step so that the claim can be served quickly.
We have up to one year to serve the claim on the defendant.
Filing your claim
Once the claim is served, the defendant has twenty days to file a dispute notice.
If no notice is filed, we can apply for a default judgement which can then be enforced to satisfy the claim.
If the defendant files a dispute, the claim will then be scheduled for mediation within two months.
Mediation is a process where a mediator will meet with both parties to try to resolve the action before it goes in front of a judge. Many claims are settled at this stage.
In our experience, settlements at mediation are usually paid promptly since the resolution was agreed to by both parties.
If the claim is not resolved at mediation, a pre-trial conference will be scheduled. This will be a number of months after mediation.
The pre-trial conference is held by a judge with both parties. The intent is to make sure that everything required for a trial will be ready for the trial date.
A number of claims that make it to this phase will also be settled. If it is not settled, a trial date will be set.
We will prepare for the trial with you. We will create a list of required witnesses and prepare you to testify. We will review the opposition documentation to ensure that there are no surprises at trial.
At the trial, we will represent you by presenting evidence and questioning witnesses. Our agents have extensive trial experience to provide you with the best representation.
At the conclusion for the trial, the judge will provide a final judgment that can then be enforced. The winning side will also be awarded some costs based on the trial duration.
After a judgment is delivered, U-SUE can help get it enforced so you receive the money you are owed.
We will file the judgment as required by the courts and can also take steps to register it against property owned by the Defendant, garnish bank accounts, wages and receivables or hire a Bailiff to seize other assets for sale.
We will discuss the steps to be taken to enforce the judgment since the options available will depend on the known assets of the Defendant.