Five Mistakes Self-Represented Plaintiffs Make in Small Claims Court

Small Claims Court is designed for ordinary people — but "accessible" does not mean "forgiving." After years of taking over files from self-represented litigants, the same five mistakes appear again and again.

1. Suing the wrong entity

You dealt with "Mike's Renovations," but the contract is with 2743891 Ontario Inc. Sue the wrong party and your judgment may be worthless. Corporate searches before filing are not optional.

2. Missing the limitation period

Two years passes faster than you think, and "I was trying to work it out with them" does not stop the clock. If negotiation is dragging, file — you can always settle a filed claim.

3. Treating the settlement conference casually

The settlement conference is not a formality. It is your first — and sometimes only — chance to hear how a judicial officer sees your case. Parties who arrive with organized documents and a realistic number consistently leave with better outcomes.

4. Proving liability but not damages

You can be completely right about the breach and still recover almost nothing if you cannot document your losses. Invoices, estimates, photographs, comparative quotes — damages are proven with paper, not indignation.

5. Ignoring collectability

The most winnable case against a judgment-proof defendant is a donation to the court system. Before spending a year litigating, ask: does this defendant have wages, bank accounts, or property? An investigative background helps answer that question before you file, not after.

Every one of these mistakes is preventable with preparation — or with representation that has seen a thousand of these files before.