Small Claims Court

[Fozzie_DeBear]

Anyone here knowledgable about this process? Can it be brought against a company if they dropped the ball?

Any experiences or tips would be greatly appreciated.

[troutman]

http://www.albertacourts.ab.ca/Provi...6/Default.aspx

[Fozzie_DeBear]

Does the Company have to have Head offices in Alberta?

[troutman]

Order a corporate search to see where they are registered, and where they can be served:

http://www.albertacourts.ab.ca/Provi...1/Default.aspx

An incorporated business usually has Limited or Ltd. after its name. (The term company does not necessarily refer to an incorporated business). An incorporated business can be sued only in the name of the business. Put the full name of the business on the Civil Claim.

To find out the exact name of an incorporated business and who can be served with documents on behalf of the incorporated business, a companies search should be requested from an authorized agent for Alberta Registries.

Firms (partnerships of two or more persons) and sole proprietorships are called unincorporated businesses. An unincorporated business must be sued in the name of the owner. Put the owner's full name and the name of the business on the Civil Claim. To find out the owner(s) of an unincorporated business and the address of the owner(s), do a trade name search by contacting an authorized agent for Alberta Registries.

[Azure]

Good luck with this.

My company has gone this route before, and if your paperwork is in order the process is relatively simple, but if there are discrepancies, chances are you don't get what you want.

A good collection agency that doesn't require 50% of the amount owed is a better option, IMO.

[Fozzie_DeBear]

Thanks, I hope it won't come to this.

But I am hoping that the threat of suing for X (which will cost company 2X+) will just cause them to do the right thing.

[Fozzie_DeBear]

Well...that was easy

The company gave.

Sweet.

Thanks Troutman

[troutman]

Originally Posted by Fozzie_DeBear

Well...that was easy

The company gave.

Sweet.

Thanks Troutman

33.3 % contingency

[Kjesse]

For those preferring face-to face and free legal information related to small claims court, and maybe don't want to post their problem on a public message board, this service is pretty new, and its staffed by some very bright young legal minds in Calgary: http://www.pbla.ca/projects/item.312...roject_Calgary

Still, Troutman's fee is more than worth it.

[troutman]

^^^ That is a good resource.

[Locke]

There is a law firm named 'Duckworth.'

Thats worth it all right there.

[Azure]

So you hired Troutman, Fozzie? Acceptable fee?

Compared to the 30% a collection agency takes....

[Yellefan]

I've got a builder putting up a house next door whose delivery guy did some damage to my house. I'm not sure who I need to go after, the property owner? The general contractor who is listed on the orange sign on the safety fence or the actual delivery company that let a skid of shingles slide off of their roof into the side if my house?

They have offered to "fix" it but only using their people. This is the second incident of property damage in a month and the first time I let their people "fix" damage they did a crappy job so I want to pick my own contractor to fix it and have them pay for it. They refuse to do this so I'm just looking at my options.

[troutman]

Usually you name anyone that could be potentially considered a defendant. All of the above.

[Yellefan]

Originally Posted by troutman

Usually you name anyone that could be potentially considered a defendant. All of the above.

Thank-you sir!

[GreatWhiteEbola]

I'm looking to take someone to small claims court, the defendant refuses to provide their address, for obvious reasons. Is there other ways of notifying the defendant of the lawsuit?

I do have the last known address, and I know where they work (potentially).

I suppose I am seeking advice regarding a process server, any recommendations?

TIA

[fredr123]

Originally Posted by GreatWhiteEbola

I'm looking to take someone to small claims court, the defendant refuses to provide their address, for obvious reasons. Is there other ways of notifying the defendant of the lawsuit?

I do have the last known address, and I know where they work (potentially).

TIA

The defendant could be served personally anywhere, including at their work.

As far as determining the address of the defendant, the Alberta Court's website recommends doing a registry search (have fun with that one, a few details here: http://www.servicealberta.ca/1806.cfm) or hiring a process server.

I've also had good luck using a particular skip tracer service as well. Costs about $125+ I believe.

[troutman]

How do I find the address for this person? It is your responsibility to locate the defendant.
It may be difficult to locate the whereabouts of certain parties. Under the circumstances, it may be practical to search at a local registry office or hire the services of a process server. Check you local yellow pages for a list of process servers.

http://www.albertacourts.ab.ca/Provi...6/Default.aspx

Section 29:

http://www.qp.alberta.ca/documents/Acts/P31.pdf

"as directed by the court"