Sometimes the only way to collect what is owing you is to sue. So when all else fails, the ultimate alternative is, taking them to court. But first make sure they have assets or an income. There is no point suing if you cannot collect.
If your claim is equal to, or less than $25000, you may approach Small Claims Court. In Small Claims Court, you can choose to bring your case yourself or hire a lawyer or a paralegal to represent you. But here are some issues one should consider, before considering a claim.
Before You Sue Alternatives
Before suing you may make a written demand of the other party for payment by specific date in the hope that you do not have to take the matter to court. You may also find that there is an agency or ombudsman that will help you solve your problem.
Remember that a licensed paralegal can assist in issues that are not too involved.
If it is a contested divorce, an accident claim or an involved estate matter, I would recommend a lawyer.
Something worth considering is a legal shield cover like that of Prepaid Legal. This is a debt free company listed on the New York Stock Exchange. For the price of a cup of coffee a day, they can assist in most legal issues. Without extra charge, they will have a partner in a reputable Canadian law firm call you within 3 days, research the law, and have a draft of a letter e mailed to you within another 3 days.
They will, on your enrolling, do a professionally drafted will, living will, and enduring power of attorney. I have had them do a dozen letters for me over the past year, and have prepared my estate documentation. No long term commitment.
Their obligation is to only do the first letter. This suits me fine, because this is a good starting point for any subsequent small claims court action I wish to make, thereafter.
Jurisdiction
If your claim is for more than civil division limit ($ 25000) you can drop the extra amount this is called “abandonment”.
Sometimes it is a good idea splitting the claim into two transactions, if this is possible.
What you cannot sue for
You Cannot sue for:
Matters involving ownership of land
Matters involving wills, malicious prosecution, false imprisonment or defamation libel and slander
Matters involving governments
Time limits
You should know that in many cases you cannot sue after a certain period of time has gone by.
For general debt problems such as contracts, loans, damage deposits and rent you must sue within two years from the time the debt began.
If you are suing for injuries or damages caused to yourself or your property for example assault car accident etc you must sue within two years of the injury or damages. If you wish to sue your own insurance company for failure to pay you as a result of an accident you must do so within one year.
Is it worth suing? Costs
There are filing fees, witness fees and you cannot sue for wages lost while attending the hearing (usually one morning or afternoon in court).
You should consider whether or not you have enough evidence to support your claim if it is just your word against that of the other person it may be difficult to prove your case. Any documents for example, letters, bills, leases or witnesses may be a benefit in proving your case.
If you have to sue someone Who to sue
Sometimes people sue the wrong person and as a result they lose their case. As a general rule you are allowed to sue with one civil claim form as many people companies or firms as are involved in the problem.
Canada with its strong social justice ethic allows for individuals to do their own thing when one is aggrieved. My only suggestion is to tread carefully, especially if it is “uncharted” territory.
Sadick H Keshavjee LL.B (Hon).Lon has carried out a sizeable amount of such work in Alberta, and generally works with licensed professionals.
He is an associate of Prepaid legal, mentors new associates, and assists new members with the form filling for their wills, living wills etc.
He can be contacted at skeshavjee786@yahoo.com
