The Small Claims Court motion is a formal request made to a judge for an order or judgment. Most Small Claims Court motions require preparation of a Small Claims Court Notice of Motion together with an affidavit in support of the motion. Although, the parties may ask Small Claims Court judges for any relief, in practice, the most common Small Claims Court Motions are:
- motion to set aside default judgment;
- motion for a leave to extend time to file a Small Claims Court Form;
- motion to set aside noting in default;
- motion for a leave to file a Small Claims Court Form (defence, plaintiff's claim);
- motion for a summary judgment (the motion is used to expedite the matter where the respondent has no reasonable chance of success at trial);
- motion to extend time after receiving Notice to Dismiss Claim as Abandoned;
- motion to set aside Order Dismissing Claim as Abandoned;
- motion to extend time to pay costs ordered;
- motion to set aside or vary a judgment obtained against a party who failed to attend the trial;
- motion to hold funds in court;
- motion to set aside garnishment, writ of sale and seizure or other enforcement remedy;
- motion to set aside Small Claims Court order;
- motion for a new trial;
Some of the motion may be successful only if scheduled immediately. Please call the lawyer to prepare Small Claims Court Notice, Small Claims Court Affidavit in support of the Motion, Memorandum of Law in support of the Motion or to retain the lawyer to attend your motion before a Small Claims Court.