If so, we here at Oracle Legal Services are here to help you out.
When dealing with this situation, you may have some important questions such as: "What Do I Do If I Am Being Sued In Small Claims Court?" or "I Just Received A Statement Of Claim, What Do I Do?"
When you get something that is commonly known as a “Statement of Claim” from small claims court this essentially means that you're being sued. The reasons for the suit will be shown in the claim, hence the name "state of claim". In this kind of situation, it is very important that you respond promptly and appropriately in order to make sure your legal rights are protected.
Whatever you do, do not ignore a statement of claim. Even if the things alleged in the claim are complete nonsense, it is still important to respond so that you can prove to the court that the allegations are nonsense. If you do not respond the plaintiff, the person suing you, may win automatically even if they are in the wrong.
The first thing you should do is read all the documents you have received very carefully. You need to make sure you know what the lawsuit is about and how long you have to respond.
If you disagree with any aspect of the statement of claim, you can fight the lawsuit. In order to do that you need to file something called a “Statement of Defence” with the court. The Statement of Claim was the plaintiff’s side of the story, so the Statement of Defence is your chance to tell your side of the story and refute any claims you disagree with. You can find the appropriate forms to file a Statement of Defence at the small claims court office or online. Alternatively you can hire a paralegal to draft and file a Statement of Defence for you. There will be a filing deadline, so make sure you complete and file your Defence before it expires!
If you feel as though you are the true victim who was wronged by the Plaintiff, you can both file a countersuit and sue them at the same time. This requires filing a Defendant’s Claim, which is like a Statement of Claim but with the Plaintiff and Defendant reversed.
No matter what you file with the court, you’ll also need to serve copies on the other parties.
