The Small Claims Court Company Response
19/09/2024
Not all clients are the same. We work on the 2-2-96 theory-2% of our clients are saints, they appreciate our expertise, and sometimes want to pay more-2% of our clients are problematic-96% of our clients let us do our work and then get on with their lifeThe problematic clients often hold back important information, are unsophisticated, and have often tried to solve their matter themselves, which usually results in further complications.They do not understand how the court process works and their obligations, and often have anger issues.Our firm is hired to untangle the mess created by clients, however, sometimes (approx. 2%) because of a clients prior actions, or newly revealed information, that becomes impossible.After 25 years of practice, there are two very recent and extremely prejudicial complaints against our firm on this BBB page, filed exactly four months apart, each alleging exactly the same grievances, each anonymous. At present, in our modern tech world, anyone anywhere can submit a complaint through far-too-handy electronic portals, and for any reason. That apparently simple but truly revolutionary and fundamental technological transformation is a key part of the problem. It has become simply too easy for disgruntled clients, many of whom are in the wrong, to cause trouble, at no risk to themselves. Given the provision of such easy and universally accessible means of doing so. Disgruntled clients can essentially weaponize organizations such as the BBB, which has become a genuine and dangerous problem for small, and all businesses.Company response:Background, The Small Claims Court Company has served ******* and ******* clients since 1999.We are not paralegals, we are Independent Civil Court Agents, authorized to act for clients in ******* Court of Justice, and may sue, defend, make Applications, attend mediations, pre-Trial Conferences, run trials and if required enforce Judgments by way of wage or bank garnishee or engage bailiffs to seize assets to satisfy debts. Response to *** allegation1)The owner of *** and his wife hired our firm to sue a ******* based corporation regarding an interprovincial trucking matter. The corporation *** claimed an unpaid debt.2)We consulted extensively by telephone, *** engaged us on a limited retainer basis.3)The retainer provided the following servicesa.Draft and file a civil claim against ************** in *********Serve the claim and file affidavit of servicec.Monitor file, review Dispute Note if filedd.Attend mediatione.Attend pre-trial conferencef.Disbursements: file fee $200g.Service of commencement documents: $100-150h.Corporate Search (required by Court): $40i.Any other services outside the scope of the retainer are billed at $100j.Any required communications with client, Defendant or Clerks of Court4)We commenced drafting the civil claim and requested evidentiary documents from our client.5)At this point we had invested approximately 4 hours in the file6)We were surprised when the client told us they wished to sue another entity, not **************.7)Our clients now wished to sue another corporation which was based in *******, but the owners and Directors resided in *******)We explained the difficulties in suing in other Provincial jurisdictions to the client9)The client now wished to change the Cause of Action and the Defendant, and sue in the ******* Courts jurisdiction10)He wanted to sue for the return of a truck that was in possession of the ******* based corporation11)We commenced work on the new action by downloading Ontario Court forms and assembling available evidence12)Again, as the substance of the claim substantially changed, we requested various documents and evidence from our client13)Very few documents were forthcoming14)However, based on corporate searches and documents provided by our client we discovered some issues with their claim.15)We were surprised to discover that the new corporate defendant was co-owned by our clients wife.16)Our client told us that his wife owned a company that purchased a truck, and the truck was in possession of her business partner.**)In summary, the client based in ************ now wished to sue a corporation owned by his wife, in ******* Courts, serve the directors at their address for service in ****** using a ******* based firm18)It is important to point out that items #6 thru #** are not services contemplated within the limited retainer, they are additional services outside the scope of the retainer and subject to an hourly fee.19)When we raised the difficulties surrounding the clients new claim, the client began complaining that we were taking too long and questioning our professional ability and integrity.20)We explained the reasons for additional fees and the difficulties inherent in suing a company owned by his wife, and the difficulties regarding jurisdiction.21)Shortly after that the client demanded a refund of the entire retainer 22)Even though we believe that services above and beyond the scope of the retainer used the retainer funds in their entirety, and the client in fact owes us money, we were willing to provide a small refund23)The client then made personal attack on me, he called me a *******24)At that point I ceased contact with ***, it was clear that further discussion was pointless, because I just dont deal with people who accuse me of criminal activityThis is important, and it is relevant to all business owners, so Ill say it again:At present, in our modern tech world, anyone anywhere can submit a complaint through far-too-handy electronic portals, and for any reason. That apparently simple but truly revolutionary and fundamental technological transformation is a key part of the problem. It has become simply too easy for disgruntled clients, many of whom are in the wrong, to cause trouble, at no risk to themselves. Given the provision of such easy and universally accessible means of doing so. Disgruntled clients can essentially weaponize organizations such as the BBB, which has become a genuine and dangerous problem for small, and all businesses.