Going to court
It is preferable to resolve disputes out of court, but it may not always be possible. In this situation, it will be necessary to resort to the courts and it will be up to the judge to decide.
If you have decided to seek recourse in court, it would probably be worthwhile to consult a lawyer first to provide you with an understanding of the law and the judicial process. You will first have to file a complaint and obtain a trial date, which can take more than a year. Until the trial is held, your lawyer may appear in court to try to resolve the dispute on your behalf or to clarify certain procedural issues.
If your dispute proceeds to trial, you will have to go to court with your lawyer. You and the other party will be asked to take an oath and swear to tell the truth, explain your dispute and present any documents related to your dispute. You and the other party will be cross-examined by each other's lawyers. Depending on the outcome of the trial, the judgment will have to be executed, unless the decision is appealed.
You do not need a lawyer to take your case to court. Anyone can represent themself, but it would be wise to consult a lawyer before making such a decision.
If you still decide to represent yourself, you should research:
- The system and judicial procedures;
- Any laws that are related to your case;
- Evidence to be presented;
- The outcome if you win or lose your case.