Need to Sue? Avoid these common mistakes.

November 14, 2014

You can sue in Small Claims Court if the amount you are suing for is $25,000 or less. But there are some common mistakes that will make your claim void. First, you have two years to file a suit in Small Claims Court;  if you are approaching the two-year mark, you need to act fast. Second, if you are thinking of suing, make sure the person or the company has the money to pay. If the person is broke or the company is now bankrupt, does it make sense to go after them?  Third, you need to find the right holding company, and sue that entity. Many companies have an operating entity and a holding company that owns the operating entity. Sometimes, it is not easy to find the holding company’s name, but paralegals like Kumar know how to find the holding company. Also, you must correctly state and spell the entire name of company. Leave out “Limited” or “Incorporated” and your claim will be void, or if you win your lawsuit, any judgment in your favour will not be enforced. Fourth, if you do win your lawsuit, you need to collect the money separately, not after the judgement in your favour. It may take a while to collect money owing to you.