[Danny071]

When taking someone to small claims court (ON, Canada) do you need to serve them first/summon them?

[smoothy]

Yes.. otherwise how would they know about it.

[JudyKayTee]

Of course - how else would they know a Court matter is scheduled?

Doesn't the Court MAIL the papers any longer?

[Danny071]

That's what I'm wondering (called but was on hold forever), once I start the claim they should notify the defendant..

[Danny071]

Should've looked online some more, seems like rules have changed and it can be served by registered mail where anyone in the household can sign not just the defendant.

[JudyKayTee]

Should've looked online some more, seems like rules have changed and it can be served by registered mail where anyone in the household can sign not just the defendant.

That's pretty typical - and, of course, if no one will sign then you need a process server.

[Danny071]

Thanks

Do you know if I can get a lawyer to go to small claims for me?

[smoothy]

You need to look up the laws of your state... Some states don't allow a lawyer to be present, some do.. ( I mean that's how it works in the USA)

[Danny071]

I'll call a few lawyers.. this is over a loan I made a year ago, only $400, and I know it'll cost me more to do all this but at this point is matter of principle so I really don't care, as crazy as it may sound

[smoothy]

That's what small claims court is about... small amounts that don't require expensive lawyers.

[JudyKayTee]

I'd do it myself, wouldn't get an Attorney. I don't know if legal representation is even allowed in Canada.

It's really pretty much no-hassle.