We all have problems we face, whether personally or in business. Sometimes we’re forced to ask ourselves the question of whether or not our problem means enough to us that we should do something about it.
Oftentimes, we don’t do anything because we don’t know where to start or what our options are. One of these options is having your problem resolved in the Small Claims Court of Manitoba.
For $100 or less in initial filing costs, you can move your action forward to a scheduled hearing date. At the hearing, a Hearing Officer will listen to you make your case, listen to the Defendant’s case and then issue a decision once they have had time to analyze the evidence on the record.
The maximum amount of a claim you can bring is limited to $15,000.00. While this may present some inconvenience to those whose claims are valued slightly higher than that, you’ll be best served by consulting with a lawyer to determine if you would be better off claiming only $15,000.00 and moving through Small Claims Court or if you should decide to move your claim through the Court of King’s Bench (i.e. all claims above $15,000.00) which has higher filing fees.
While you wouldn’t necessarily need a lawyer to represent you in a Small Claims Hearing, it can be helpful for ensuring that all of the required procedural rules and applicable legal arguments are being made. This can be particularly useful when there are complex legal elements involved.
Another factor to consider before you pursue a claim is how much money and time it will cost to collect if you win. If you bring forward a claim and you win, you will receive a judgment which will outline what you are owed. However, that does not mean you will get paid. You need to consider the cost of collecting the judgment, such as garnishing costs or registering the judgment at the Land Titles Office. A lawyer can help you weigh these factors in light of your claim amount and the circumstances of your matter.
This is why, if you think you need some answers to your questions about a particular situation, it’s always best to set up a consultation with a lawyer to get their view and advice. Though there is a consultation fee, it may help you understand your matter from a legal perspective so you can either save the cost of pursuing a claim or provide you with a strategy to move forward. Even if you want to pursue the claim on your own, it may be beneficial to meet with a lawyer who can give you some background to the process, so you are better equipped to represent yourself.
During the consultation, a lawyer can provide you with an estimate for legal fees, the strength of your claim, and the costs of collecting if you were to receive judgment.
For more information regarding Small Claims Court, visit their website at www.manitobacourts.mb.ca