Self-representation may not be as easy as it looks in the movies. There are many unseen problems that come with attempting to settle your own claims. Whether this happens in a Small Claims Court or the Superior Court, many of the issues arise from being unfamiliar with the proceedings of the court.
The Civil Litigation lawyers at Hummingbird Lawyers LLP laid out some of the scenarios where a case can unwind, and and individual’s own representation can spiral out of control.
Failing to bring your claim to the right party
Oftentimes, people fail to bring their claims to the correct party. When making a claim against a corporation for example, they may name the someone as their defendant, even though that person was on contract with the same corporation mentioned.
Another error that happens often, is the self-representing individual fails to give the court the correct legal name of the corporation they are making a claim against. Without knowing the correct legal name of the corporation, any subsequent judgement can be rendered unenforceable.
Filing incorrectly or missing deadlines
When making their claim, and thinking of representing themselves, many seem to overlook the amount of paperwork and documentation involved; as well as the precision it needs to be completed with. Coupled with this, the lack of familiarity with the Rules of the Small Claims Court or the Rules of Civil Procedure will always be detrimental to the self-represented party.
In many instances, people fail to file documents in the correct format outlined by the court. They also let deadlines slip by, as there are many to keep track of. If a deadline is missed, greater time and expense can be incurred. This can also lead to the dismissal of a case.
Enforcement
In the event of receiving judgement, if you are self-representing it is entirely up to you to enforce it. This can include having writs issued against a debtor’s property, or even garnishing their wages. And while that may seem simple in theory, it isn’t. If the other party is bankrupt, or if you don’t know where their assets are located, it can prevent you from recovering the money that may be owed to you. Even if you have received a judgement from the courts.