Are you being sued in small claims court? Good preparation makes all the difference!

Whether you’re preparing for a mediation or a small claims trial, there are a number of things you need to consider to maximize your chances of winning.

Essential elements include:

1. The quality of the presentation of your file, including the wording of your complaint.
2. The supportive documents (e.g. invoices, photos, contracts, text messages, etc.) you present in support of your case.
3. A structured verbal or written argument adapted to the nature of the dispute.

Furthermore, it’s essential to respond to the lawsuit within 20 days, because if you don’t contest the motion filed against you, a judgment may be rendered against you, without you having had a chance to defend yourself (judgment by default).

6 Steps to Preparing a Small Claims Defense

Here’s what you need to include in your solid defense:

1. You must clearly summarize your version of the facts in your defense.
2. Next, you must establish your means of defense, i.e. respond to each of the allegations in the plaintiff’s statement of claim by explaining or rectifying the facts.
3. Each document you wish to present as evidence must be numbered and associated with each paragraph of your defense (contestation).
4. You must file the list of witnesses you wish to summon to court (if necessary).
5. You must determine whether it is necessary to make a counterclaim, to call a person or company in warranty in the case and complete the forms to do so if this is the case.
6. You must file your defense with the court clerk and pay the legal fees. The more detailed and structured your case, the more likely the mediator or judge will accept your version of events.

Did you know?

In small claims court, once a judgment is rendered, it is final and cannot be appealed. In other words, you cannot contest the judge’s decision. That’s why it’s vital to have a well-presented case that puts all the odds on your side!

The foundation of any small claims file

The basis of your case, and therefore the basis of your defense, must be on paper. Why must it be on paper? Because the judge or mediator will read it before meeting you at the courthouse. A well-prepared file, skillfully drafted with clearly presented supporting documents, is your best tool to enable the court to properly assess and evaluate your case.

You Have any Questions? Get a Professional Legal Opinion

Although a lawyer can’t represent you in small claims court, you can still get a lawyer to help you prepare your case for a better chance of winning.

A lawyer is in the best position to help you present your case persuasively, with well-crafted arguments based on the law, as set out in the Civil Code of Quebec.

In some cases, it may be necessary to call a liable third party in warranty, or even file a counter-suit, so that you are the one who is compensated by the person who initiated the lawsuit against you in the first place.

A lawyer can also guide and advise you in the event that the case is time-barred, a witness refuses to appear in court, in the preparation of a counter-suit or any other possible action you may be entitled to take in your defense.

Contact us by phone or e-mail to explain your situation. The preliminary discussion is free of charge and without obligation. It will allow us to assess your situation and see how we can help you. Call 418 652.1700, ext. 501.

Would you Like to Settle Out of Court?

An out-of-court settlement is always preferable. We can help you negotiate with the opposing party to avoid a court appearance and all the stress and uncertainty that entails.

Why Seek the Help of a Lawyer?

A lawyer is used to filling out the paperwork and juggling the requirements and procedures involved in a lawsuit or claim. A lawyer knows how to present details and arguments clearly and convincingly to give you a head start.

In addition, he or she knows the law and which sections of it to use to lend weight to your defense.

Finally, a lawyer knows how court works and can help you prepare for your hearing before the judge or pre-trial mediation.

Don’t wait, we can help. Contact us by phone at 418 652.1700, ext. 232 or by e-mail to explain your situation.

Need Help Preparing Your Defense?

A lawyer can help you prepare your case, or even prepare the entire case for you.

Here are a few examples of the services we offer for small claims:

• Analysis of your file, the law and case law to guide you towards the best defense.
• Production of your contestation (means of defense).
• Preparation of all documents to be attached to your contestation, as well as the number of copies required for the various parties involved.
• Pre-trial preparation for mandatory mediation (for cases over 5,000$).
• Preparation of a plan for presenting your case before the judge.

Not Sure Where to Start? Let Us Guide and Support You

Contact us by phone at 418 652.1700, ext. 232 or by e-mail to explain your situation.

Me V. Dupuis will be happy to help you identify the facts (events, conversations, dates, etc.), evidence (documents, witnesses, etc.) and arguments you need to use to defend yourself.

The preliminary discussion is free of charge and without obligation. It will enable us to assess your situation and see how we can help you. Call 418 652,1700, ext. 232 or write to us today.

The success of your defense in small claims court depends largely on the quality of the preparation of your case, the evidence you present and the way it is presented.

Contact us today!

Write to us or call us at 418 652.1700, ext. 232.

For more details, visit Me V. Dupuis’s profile.