Aviator

Not so though. I just won a case at the upper end of the small claims limit and have received full payment, interest and fees. Has taken several years, a massive amount of preparation and input. In the end it was worth it.

I have walked away from some smaller claims though, the time input was not worth the potential return.

Small claims though can pass for entertainment in the pursuit satisfaction.

Almost Canadian

If your tenancy agreement states something to the effect of, "... unless other notified, each party agrees that their address for service is ...." then that would suffice. You either serve them at their rental address or, if they have provided you with another, at that address. Of course, whether this would work in practice would depend upon the Rules of Court in the appropriate jurisdiction and, even if it doesn't, there is usually a work around

Almost Canadian

Have you ever been involved in a civil proceeding? My experience, on both sides of the Atlantic, is that Judges usually bend over backwards to assist non lawyers understand the process and will grant adjournments that would never be granted to a lawyer to ensure that the non lawyer has every opportunity to present their matter as favourably as possible.

helcat12

The whole point of small claims is that neither party ought to need a lawyer, and in fact it shouldn't really be cost effective to do so, with the upper limit being $25k.

So far, we have found the process cheap and easy to do for ourselves, once we got the right forms!
The two judges we gave had dealings with have been spot on, especially the last one. She was brilliant!

scrubbedexpat091

Just once in the US, but I had a lawyer since it was a bankruptcy proceeding and no way I was gonna attempt that on my own.

scrubbedexpat091

Worth it for you and if on the high end of the limit, but for me it wasn't worth the time or effort. The whole starting point was very confusing, and not something I could as a non-lawyer clearly understand, and I am not going to attempt something I don't fully understand, especially in a court.

BristolUK

Ah....so in the event it legally counts as serving the small claims notice, they still actually know zero about it. Which means they get to make no submission for their side of the story. Even if the court goes ahead without it and then even if it rules in your favour the ruling still does not become known to the other party so they don't even know they are defaulting.

So it hasn't served any purpose whatsoever.

Almost Canadian

I disagree but I suspect you are not interested in that, you simply want to argue. It is perfectly possible to recover money owed, but, clearly, you find it more beneficial to do nothing and then complain about that on the internet.

BristolUK

I'm sure the court works very well for the circumstances I described earlier - dispute with neighbour or business where the parties are involved in the process.

But where a party doesn't know there's a case and then doesn't know there's been a ruling against them? It's a non starter.

And there's a time limit too. Don't find them by then and it's too late.

Of course the one organisation in a position to have access to a more up to date address is the very province administering the court. That would help.

helcat12

UPDATE

RESULT!!!!

Aviator

You have the money?

helcat12

We made an offer to settle.

Bank draft deposited this afternoon.

Aviator

Good going then. We took 4 years of hearings and a year to get paid with several payment hearings.

helcat12

Filed action 15 months ago.

Glad it is over.

JonboyE

This is my experience too. As an employee I have represented an employer in both the small claims court and provincial court. When the other side was represented by a lawyer the judge went above and beyond to give me the best opportunity to present my case.