Small Claims Court Lawyers In CalgaryJeff Kahane2020-09-20T16:09:38+00:00
Civil Court Lawyers
Small Claims Court In Alberta
Small claims court is properly known as civil court and Provincial Court in Alberta. While small claims court is set up for people to represent themselves, many people find it intimidating to do so. Other people do not have the time, or background to properly represent themselves in front of a judge. The small claims court lawyers at Kahane Law office in Calgary help people regularly. Some people refer to small claims court as the people’s court. We make the process easier for you. Call Kahane Law Office today 403-225-8810.
What Is Small Claims Court?
Small claims court exists as a court system set up for smaller claim amounts. That is the reason for which people call it small claims court. Remember, the proper name is provincial court or civil court. When small claims court lawyers appear in front of this court, it is set up like any other court. There is a judge who presides over the court to make decisions. Small claims court lawyers present the legal case and evidence to support their client’s position. Witnesses call also called in small claims court in the same manner as other levels of court. The mechanism that commences an action in small claims court is a civil claim. People often call it a Statement of Claim, which is the upper level of court’s equivalent to a civil claim.
What Is the Limit For Provincial Court?
Actions in civil court are limited to $50,000. You may speak to your small claims court lawyer to proceed with a larger claim. If you chose to proceed this way, you will give up your right to amount over $50,000. If you have a claim over $50,000 and you do not want to give up any of that claim, then you must proceed in the Court of Queen’s Bench in Alberta. At this level of court, very few people represent themselves. Our small claims court lawyers explain the options available to you.
How Long Do I Have to Make A Claim in Provincial Court?
The limitation period for small claims court is 2 years. The two years starts from when you knew or should have known that you had an action against someone. An action is that someone caused you damages, usually monetary in nature. This is the same time frame of other Alberta courts. Speak to your small claims court lawyer about longer claims. There are some restrictions on how long an action (claim) is good to bring forward even if you did not know about it.
Always Start With A Demand Letter
No matter the level of court you plan to attend, a demand letter is the first step to take. Our office sends demand letters on your behalf. Basically the letter sets out the legal reasons why the opposing party should comply. In many instances, this results in a successful end to the matter without attending court or a trial. Learn more about demand letters here. They form part of the process anyway, and if done right, often saves clients from a long, drawn out, expensive court experience.
The Advantage of Small Claims Court
This is simply answered. You save time and money in comparison to higher levels of court.
Small Claims Court Saves Time
Actions in civil court save time. Usually the Court of Queen’s Bench hears actions quicker than other courts. In part this happens because the back log of cases is less. There are also few procedures that need to occur which further saves time (and saves money on legal fees)
Cost Savings With Civil Court
When small claims court lawyers avoid the procedure requirements that are in the Court of Queen’s Bench, you save money. Arguments before the court usually occur sooner, take less time and the actual trial usually takes less time as well. Lastly, since there are fewer documents to produce in small claims court, your lawyer will not have to draft them all, which saves in legal fees.
Why Hire A Lawyer for Provincial Court: The Advantages
The civil court system exists in a way for people to represent themselves. A small claims court lawyer’s experience and expertise allows them to appear in front of the court with confidence and greater ability. A small claims court lawyer best presents your matter which increases your chance of success. When you hire a lawyer, you also show the other party that you are serious. This can lead to a quicker settlement. Our lawyers are also able to apply for a substitutional service order if you cannot locate the defendant.
Need more time for any aspect of your civil trial. Our lawyers help with securing adjournments to ensure the time you require to prepare for trial or any step in the process.
Hiring A Small Claims Court Lawyer Does Not have To Cost A Fortune
Small claims court lawyer include an option to hire them on a limited retainer basis. Call today lo learn more. We can be retained to just send a demand letter or cease and desist letter. Again, hiring a lawyer demonstrates a willingness to contest the issue and can lead to settlement. Our lawyers are also able to help you draft a claim, review a claim, and coach you. We call this a limited scope retainer as you only retain us for a specific aspect. You pay for only those services that you wish to use.