1. Figure out the type of claim you’re making

Claims can be liquidated or non-liquidated.

Liquidated claims

A liquidated claim means that you can prove exactly how much money you’re owed because you agreed on an amount with the defendant.

For example, the person or business you’re suing might owe you an amount:

• written in a contract
• written on a bounced cheque
• agreed to in a loan

Non-liquidated claims

A non-liquidated claim means that a judge will have to decide how much the defendant owes you based on the evidence and the law. For example, this can happen where:

• you’re suing someone because they damaged your property or injured you
• you’re suing someone because of poor quality of work
• you’re suing your employer for termination pay

You need evidence like documents and witnesses to help prove the amount of your non-liquidated damages.