Episode 1: Should I Sue? & Starting A Claim

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Twitter PicSHOW NOTES:

Should I sue?
* considerations before suing in small claims court
* name searches
* does the defendant have assets?
* are there secured creditors who will get all the valuable assets before you?
* how many other creditors are there?

* $25,000.00 limit
* $2,500.00 appeal limit
* writing off debt vs. pursuing claim
* time lines
* remedies
* when to call a paralegal
* resources to help starting a claim

┬áThe Plaintiff’s Claim

* naming parties and defendants
* considerations for corporations, limited partnerships, & sole proprietors
* include liabilities for each entity

* research the law (CanLII)
* writing the claim
* writing in paragraphs
* do’s & don’ts
* don’t be inflammatory with your rhetoric
* do know the legal test
* do number your paragraphs
* do type your claim
* don’t put in facts that are irrelevant to your claim
* do know the 5 W’s & 1 H
* do have the right number of copies
* do ask for what you want
* do explain how you calculated your damages

* writing in the alternative
* pre- & post-judgment interest and costs

* filing the claim
* time deadlines
* Defendant’s Claim