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stefan rosenbaum head shotIn this second instalment of a three-part series on how to be successful in small claims court, Toronto litigator Stefan Rosenbaum discusses how to prepare for the process.

You don’t have to be a lawyer or paralegal to go to small claims court, but you should understand the process before launching your case, says Toronto litigator Stefan Rosenbaum.

Rosenbaum, an associate with Shibley Righton LLP, says participants can represent themselves in small claims court, which is an advantage for some but not all.

In part one of the series, he laid out the basics of taking your case to small claims court and whether to hire a lawyer or paralegal for the entire process or to just guide you along the way while you do all of the legwork and appear in court alone. 

The action begins when the plaintiff files a claim that outlines the issues and tells the court what they are seeking in compensation and why, explains Rosenbaum.

“Unlike Superior Court, there are no discoveries or affidavits,” he tells AdvocateDaily.com. “It’s pretty stripped down.”

The defendant then has 20 days to file a response, Rosenbaum says.

“When served with a claim, it’s best that you contact a lawyer or paralegal quickly, within one or two days, so you don’t leave it to the 19th day to show up in my office,” he says. “That causes problems.”

You’ll need to provide a list of witnesses you intend to call, though Rosenbaum generally advises against bringing in paid expert witnesses.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story
.


Date_Published
2019-03-18
Description

stefan rosenbaum head shotIn this second instalment of a three-part series on how to be successful in small claims court, Toronto litigator Stefan Rosenbaum discusses how to prepare for the process.

You don’t have to be a lawyer or paralegal to go to small claims court, but you should understand the process before launching your case, says Toronto litigator Stefan Rosenbaum.

Rosenbaum, an associate with Shibley Righton LLP, says participants can represent themselves in small claims court, which is an advantage for some but not all.

In part one of the series, he laid out the basics of taking your case to small claims court and whether to hire a lawyer or paralegal for the entire process or to just guide you along the way while you do all of the legwork and appear in court alone. 

The action begins when the plaintiff files a claim that outlines the issues and tells the court what they are seeking in compensation and why, explains Rosenbaum.

“Unlike Superior Court, there are no discoveries or affidavits,” he tells AdvocateDaily.com. “It’s pretty stripped down.”

The defendant then has 20 days to file a response, Rosenbaum says.

“When served with a claim, it’s best that you contact a lawyer or paralegal quickly, within one or two days, so you don’t leave it to the 19th day to show up in my office,” he says. “That causes problems.”

You’ll need to provide a list of witnesses you intend to call, though Rosenbaum generally advises against bringing in paid expert witnesses.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story
.


Date_Published
2019-03-18
Description

stefan rosenbaum head shotIn this second instalment of a three-part series on how to be successful in small claims court, Toronto litigator Stefan Rosenbaum discusses how to prepare for the process.

You don’t have to be a lawyer or paralegal to go to small claims court, but you should understand the process before launching your case, says Toronto litigator Stefan Rosenbaum.

Rosenbaum, an associate with Shibley Righton LLP, says participants can represent themselves in small claims court, which is an advantage for some but not all.

In part one of the series, he laid out the basics of taking your case to small claims court and whether to hire a lawyer or paralegal for the entire process or to just guide you along the way while you do all of the legwork and appear in court alone. 

The action begins when the plaintiff files a claim that outlines the issues and tells the court what they are seeking in compensation and why, explains Rosenbaum.

“Unlike Superior Court, there are no discoveries or affidavits,” he tells AdvocateDaily.com. “It’s pretty stripped down.”

The defendant then has 20 days to file a response, Rosenbaum says.

“When served with a claim, it’s best that you contact a lawyer or paralegal quickly, within one or two days, so you don’t leave it to the 19th day to show up in my office,” he says. “That causes problems.”

You’ll need to provide a list of witnesses you intend to call, though Rosenbaum generally advises against bringing in paid expert witnesses.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story
.


Date_Published
2019-03-18
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