How to sue anyone without hiring a lawyer
Lawyers can be expensive, and if you're strapped for cash, don’t worry - you can handle this yourself because suing someone isn’t as complicated as it seems. So, you’ve decided to sue someone. Maybe your neighbor’s dog keeps using your yard as a personal bathroom, or perhaps a business deal went south. Whatever the reason, you’re ready to take them to court, but you don’t want to fork out big bucks for a lawyer. Don’t worry, here’s your step-by-step guide to suing someone in Ontario (or anywhere else), all by yourself.
Step 1: Determine If You Can Sue
First things first, make sure you actually have a case. Ask yourself these questions:
Do you have a legal reason to sue: Examples include breach of contract, property damage, personal injury, etc.
Is the amount you’re suing for within the limits of Small Claims Court: The maximum you can claim is $35,000. If your claim exceeds this amount, you can either reduce your claim to fit within the limit or consider the Superior Court of Justice.
Are you within the time limits to sue: Different claims have different limitation periods. Generally, the limitation period is 2 years from the date the incident occurred.
Step 2: Gather Your Evidence
Think of yourself as Sherlock Holmes. You need to gather all the evidence that supports your case so it will be easier to prove:
Documents: Contracts, emails, receipts, any written communication.
Photos/Videos: Visual proof of damages or incidents.
Witnesses: People who saw what happened or can support your version of events.
Step 3: Try to Settle Out of Court
Court battles can be lengthy, stressful and expensive, so it’s often better to settle things amicably if you can.
Send a Demand Letter: You are sending it to a person or company that you want to sue. Clearly state what happened, what you want, and give a reasonable time for a response. Typically, 14-30 days is standard. Here's an example structure:
Your contact information.
The recipient’s contact information.
Date.
A clear description of the incident or agreement.
The compensation or action you are seeking.
A deadline for the response.
A polite but firm closing statement.
Negotiate: Be open to negotiation. Sometimes a compromise is better than a full-blown legal battle.
Step 4: File Your Claim
If negotiation fails, it’s time to bring out the big guns.
Small Claims Court: Head to your local Small Claims Court. You can find a list of courthouses at Ontario Courts Locations.
Forms: The necessary forms can be downloaded from the Ontario Court Forms.
The most important one is the Plaintiff’s Claim (Form 7A). Fill it out carefully, stating your case and the amount you’re claiming.
Filing Your Claim: You can file your claim in person at the court or online through the Civil Claims Online Portal.
Cost: The filing fee for a claim up to $35,000 is $102. If you need to set a trial date, there is an additional fee of $290. You can find the fee schedule at Ontario Courts Fees.
Step 5: Serve the Defendant
After filing your claim, you need to serve (officially deliver) the documents to the person you’re suing.
Service Options: You can serve the documents personally, hire a process server, or send them by registered mail.
Personal Service: This means handing the documents directly to the defendant or leaving them with an adult at their residence.
Registered Mail: This provides proof of delivery, which you will need.
You must serve the defendant within 6 months of filing the claim.
Affidavit of Service: After serving the documents, complete an Affidavit of Service (Form 8A) and file it with the court to prove that the defendant was notified. This step is crucial as it ensures the court knows the defendant is aware of the lawsuit.
Step 6: Consider Mediation
Before your court date, you might have the option to mediate.
Mediation: This is a chance to settle your case with the help of a neutral third party. It can save time and money compared to a trial.
Cost: Mediation is often free or low-cost in Small Claims Court. In some cases, it may be included as part of the court process.
Who Pays: Typically, the cost is shared between both parties, but some programs cover the full cost.
Step 7: Prepare for Court
Get ready to dazzle the judge with your brilliance!
Organize Your Evidence: Make copies of all your documents and evidence. Prepare a statement outlining your case.
Practice: Rehearse what you’re going to say. Anticipate questions and prepare answers.
Witnesses: If you have witnesses, make sure they’re available and ready to testify.
Step 8: The Court Hearing
The big day has arrived!
Dress Appropriately: Look professional. First impressions matter.
Be Punctual: Arrive early and check in with the court staff.
Present Your Case: Be clear, concise, and respectful. Present your evidence and make your arguments. Listen to the other side and be ready to counter their points.
Judgment: After hearing both sides, the judge will make a decision. It could be immediate or delivered later in writing.
Step 9: Collecting Your Judgment
Congrats, you won! Now, how do you get your money?
Payment Arrangements: The defendant might pay you directly. If not, you may need to take further steps to enforce the judgment.
Garnishing Wages: Obtain a garnishment order to take money directly from the defendant’s paycheck.
Seizing Assets: You can request a writ of seizure and sale to take and sell the defendant’s property.
Final Thoughts
Suing someone without a lawyer might seem daunting, but with a bit of preparation and a lot of determination, you can do it. Remember, the court is there to help you resolve disputes fairly. So, roll up your sleeves, gather your evidence, and step into the courtroom with confidence. You’ve got this!
