Section 3: Procedures, Issues, and Careers

Lesson 2: Preparing Documents for Small Claims Court

Imagine this scenario:

Erica and Ali are watching a movie in a local theatre. Suddenly the picture dims as a bulb dies in the projector. A group of people sitting in the row in front of Erica and Ali begin to hoot and throw things at the screen. When the situation isn't corrected within a few minutes, these people become more agitated; finally Sandra, who is part of this group, stand up to shout at the projection booth. As she swings around, her drink spills all over Erica's brand new leather jacket. It will cost $74.90 to have the coat cleaned.

What can Erica do? Sandra won't even discuss the matter with her, but Erica isn't the type to back down. She decides to sue Sandra for the cleaning cost in Alberta's Provincial Court, Civil Division. On advice from a friend, Erica goes to the Civil Division Office to get the necessary forms. The person at the desk hands her a blank Civil Claim form and instructs her to be sure to fill in the following:

her full name, address, and telephone number
the full name, address, and telephone number of the defendant
the exact amount of money she wants to be awarded
precisely where and when the problem occurred
a clear explanation of what happened to bring about the lawsuit

The Other Side of the Story

Of course, every story has two sides. Here's Sandra's version as told to her parents:

I was watching a movie with three friends and the picture went almost black. My friends started shouting for the projectionist to wake up and fix it; I mean we were missing the best part of the show. When this didn't work, my friends threw stuff to get attention. I stood up to call to the guys in the lobby that there was a problem and then this girl behind me started yelling that I'd spilled my pop on her leather coat. But I know I couldn't have spilled my pop on her coat because I'd finished my drink and the cup was on the floor under my seat. My bet is she spilled her own drink on her coat and figured if she could put the blame on me, I'd have to pay for everything. But my friends were there. They saw everything.

Once she's been served with her Civil Claim, Sandra will have to file a Dispute Note if she wants to contest the case. She'll receive a blank Dispute Note form when Erica's Civil Claim is served on her, and she will have to file it within 20 days.

Of course, there's a bit more to commencing a legal action in a Small Claims Court, but on the whole it's a fairly simple process. If you win your case, you'll get a judgment against the defendant, but the court will not collect the money you are awarded. What it does do is allow you to use certain remedies such as seizing goods from the defendant or garnisheeing his or her bank account.