Thinking of self-representation? Better think again.
There are a number of potential pitfalls people face when bringing claims on their own to court when they are unfamiliar with the procedures of the court.
Potential Pitfalls of Self-Representation
Bringing your claim against the correct party
Very often, people fail to bring claims against the correct party. They will name a person as the defendant even though their contract was with a corporation. Alternatively, they will fail to give the correct legal name of the corporation they are acting against. Unless you determine the correct name of the party you intend to bring a claim against, any subsequent judgment will be unenforceable.
Missing deadlines and filing incorrectly
A lack of familiarity with the rules the court or the Rules of Civil Procedure will be a detriment to the self-represented party.
Very often, people will fail to file documents in the correct format required by the court. As well, deadlines can easily be missed for filing documents, which can lead to greater time and expense incurred. Missing deadlines can even lead to the dismissal of your case if you are not careful.
Enforcement
Finally, even if you receive a judgment, it is up to you to take the steps to enforce it, which can include having writs issued against the debtor’s property or garnishing their wages.
However, if the other party is bankrupt, or if you do not know where their assets are located, this can prevent you from recovering the money owed to you, even if you have a judgment from the court.
If you’re looking for skilled and experienced lawyers in Vaughan or lawyers in Toronto, Hummingbird Lawyers LLP has offices at each location for your convenience. We have experienced litigation lawyers that will fight for you.
Contact us today to discuss how we can help you win your case.
Re: “Potential Pitfalls Of Self-Representation”: In Superior Court, how can I get my case brought to discovery in spite of delays by the plaintiff?
In Small Claims Court, how can I get a judge to approve my default judgment, one year after I obtained judgment, and then how can I get the judgment filed against the defendants property ?
How Can I make sure I will be filing full-proof documentation in Small Claims against two corporations?
How can I be assured that paying you your fees will get me the results I expect?
Thanks for your comment, Anthony.
To answer your questions, please call 905.731.1911 or email our civil litigation lawyers.