The U.S. has a long and storied history of frivolous lawsuits. And they are fascinated by them. There are countless TV shows about small claims court – from Judge Judy to Joe Brown. In the 90s, 60 Minutes ran a piece about a crotchety old neighbour who sued from everything to kids playing sports on the street too loud to people encroaching on her property. And of course there’s the famous case of the woman who sued McDonald’s for her coffee being too hot. In actuality, that woman had a legitimate grievance, as she suffered severe burns. Still, the news gave it the tabloid treatment.
Though the U.S. and Canada share some of the most similar cultures of any two countries, filing absurd lawsuits is almost entirely in the domain of our neighbours to the South. If, however, you feel you have a legitimate claim, the process is fairly straight forward.
Most of the time, you’ll be dealing with small claims court, but occasionally something more serious is necessary. Here is the process of how to sue someone, win the lawsuit, and get compensated well:
1. Should I Sue Someone?
No one, not even those who stand to win money, wants to go to court. They can be time consuming and costly. Most people try to resolve their disputes without involving the law. If you feel you’ve been wronged, your best option may be to work it out before it reaches a judge.
If someone owes you money, take whatever steps necessary to avoid going into arbitration. Unless they’re intentionally dodging you, perhaps setting up some sort of payment plan would be ideal. You don’t want to sue someone unless you absolutely need to.
2. Ensure That You Can File A Lawsuit
Most companies – banks, cell phone providers, etc. – have mandatory arbitration provisions in the fine print of the contracts you sign with them. As a result, you cannot sue. Small Claims Court is typically reserved for individual complaints between two people.
3. Do I Have A Lawsuit?
Before spending money on filing paperwork, you should do some initial investigation to make sure you have a case. A car accident in which you weren’t injured and your car wasn’t damaged does not qualify, as no harm was caused.
4. Do I Have Evidence?
When filing a lawsuit, it’s crucial to consider whether or not you can prove your claim. Even if the law is on your side, if you cannot prove it, there’s no point in going to court. If you have witnesses, this will only strengthen your case.
You should also consider what evidence your opponent may have. If the story behind the suit is complex and they have a convincing version of events, this can derail your lawsuit.
Finally, you should make sure you can collect what you are owed from your opponent. There’s no point in suing someone who does not possess the funds to pay you.
5. Deciding Which Court You Want
There are several options when suing someone, and the venue is one of the most important. It’s often a key factor in whether or not your claim will be dismissed. You have options, but you should also be sure you are within your rights to file your claim. You may choose the Civil Resolution Tribunal, Small Claims Court or the Supreme Court. From there, you have to fill out the appropriate paperwork and file it – which typically costs around $150 depending on the province.
Small Claims Court is the most common. It’s meant for simple procedures and does not require a lawyer. Judgments are limited, however, to $25,000.
The Supreme Court has no limit to damages awarded or what kind of claim can be filed. This is where, if the complaint is not settled, a trial will ensue.
6. Hiring an Attorney
An experienced lawyer will help you navigate the complex waters of the law. For complex cases, ensure that the attorney you choose has been practicing for at least three years. Most attorneys give free consultations, and can inform you if you have a legitimate complaint. Talk to friends and family for recommendations.
Finally, if no one close to you knows a good lawyer, check online reviews. If you are planning to someone, make sure you get yourself a lawyer, who will help you draft a complaint rather than you doing it yourself.
7. Gather Evidence Through Discovery
The appropriate paperwork has been filed and the wheels of justice have begun to turn. You are now ready to start preliminary investigation to begin your trial. Discovery allows you to view whatever evidence your opponent may have. You may also send questions to them in writing that must be answered under oath. Any witnesses you have, or they have, may be deposed.
In addition to discovery, you are also allowed to perform an informal investigation. This may include interviewing witnesses, taking pictures of the incident or where it took place and finding out as much as you can about your opponent and his resources without speaking to them directly. This is advisable, as formal discovery can often prove costly.
Once everything is in order, you can decide how the case is judged – by judge or jury. Jury cases are often preferable if your case has emotional appeal. In Small Claims Court, you’re often representing yourself in front of a judge, meaning their decision may rely on the impression you give of yourself in court.