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A small claims case must be filed in the justice court where the defendant resides or where the claim arose (where the events happened). If the defendant resides or the claim arose within a municipality and if the municipality has a justice court, file the case in the municipal justice court.
Bring a water bottle, snack bar, breath mints (not gum), note pad, a couple of pens, a check book (in case you unexpectedly need to write the court clerk a check), and some quarters (in case you unexpectedly need to make photocopies) also, bring cash to pay for parking.
A small claims case must be filed in the justice court where the defendant resides or where the claim arose (where the events happened). If the defendant resides or the claim arose within a municipality and if the municipality has a justice court, file the case in the municipal justice court.
For example, if you are owed money for wages, the Alberta Employment Standards Office may be able to help you. The amount of money you are asking for determines which Court to bring your action in. In the Small Claims Court, your claim must be for $25,000 or less.
Know Why You Need a Hearing. Develop a clear understanding of why you are requesting a hearing. Find Out the Proper Court. Find out which court your request will need to be sent to. Write a Letter to the Court. Write your letter to the appropriate court. Complete Additional Forms. Review the Response.
A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction.Courts usually have specific requirements for filing a motion, so either consult your attorney or look up the local court rules to understand what you will need as you move forward.
Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.
Create a legal heading for your motion. Capitalize your title head. Declare the facts. Write the memorandum using the law and legal precedent to plead your case. Conclude the motion with a brief summary of your request.
You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.