What to do if you are sued in Small Claims Court

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What to do if you are sued in Small Claims Court
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You should not ignore the lawsuit in Small Claims Court. If you ignore the lawsuit the court will think the plaintiff is right about the facts. If you don’t reply, the case will go on without you. You will not have a chance to defend yourself and tell your side of the story.

If you did not file the Defence on time, the Small Claims Court may make a decision against you and may order you to pay money or give goods to the plaintiff. This decision is called a “default judgment”.

“NOTICE: You Have Been Sued!”

Receiving a Plaintiff’s Claim from Ontario Small Claims Court means someone is taking legal action against you for a financial dispute of up to $35,000.

Reasons you can be sued:

  • The plaintiff may think you owe them money under an agreement they have with you.
  • The plaintiff may think they have been harmed by something you did or should have done but didn’t. They want money to make up for the loss.
  • The plaintiff may think you have property that belongs to them.

Defendant’s Claim

You can also make a claim of your own against the plaintiff. This is called a Defendant’s Claim. For example, the plaintiff may owe you money. Or you may believe someone else caused the plaintiff’s loss and that person should pay instead of you.

In all these cases and in other cases where the plaintiff wants no more than $35,000 you can be sued in Small Claims Court. Here’s a step-by-step guide on how to respond, defend yourself, and protect your rights.

What to do if you are sued in Small Claims Court

Filing a Defence in Small Claims Court – Short Overview

The defendant’s response to the Plaintiff’s Claim is called the Defence. You must file your Defence with the Small Claims Court office no later than 20 days after receiving the Plaintiff’s Claim.

When you fill out the Defence form be sure to include:

  • Your name and address.
  • What you disagree with about the plaintiff’s claim and why.
  • Anything you agree with in the plaintiff’s claim.
  • If you want to pay all or part of what you owe, how much you will pay and when you will pay.
  • Attach copies of any documents that support your case. For example, contracts, bills and photographs.

You have to bring to the Small Claims Court office where the plaintiff started the claim the original and a copy for each party listed on the plaintiff’s claim:

  • The Defence form.
  • All other documents supporting your case.

The Small Claims Court office will deliver a copy of the Defence form and documents to the plaintiff(s) and any other defendant listed on the plaintiff’s claim.

What to do if you are being sued in Small Claims Court Step-by-Step Guide

Step 1: Read the Plaintiff’s Claim Carefully

The Plaintiff’s Claim (Form 7A) contains:

  • The reason you are being sued.
  • The amount the plaintiff is demanding.
  • Evidence supporting their claim.

Important Deadlines:

  • You have 20 days from the day you received the claim to file a Defence (Form 9A).
  • If you ignore the lawsuit, the plaintiff can get a default judgment against you.

What to do if you are sued in Small Claims Court

Step 2: Decide How to Respond

You have several options, depending on the situation:

Option 1: Settle the Case

  • If you agree with the claim, you can pay the amount directly to the plaintiff and ask for a written receipt to avoid further legal action.
  • You can also negotiate a settlement outside of court.

Option 2: Dispute the Claim (File a Defence)

If you disagree with part or all of the claim, file a Defence (Form 9A) with the court within 20 days.

How to Complete a Defence (Form 9A)

  • Clearly explain why you do not owe the money or why the plaintiff’s claim is incorrect.
  • Include supporting evidence (contracts, emails, receipts, bank statements, etc.).
  • If you admit part of the claim but not the full amount, specify how much you are willing to pay.

Option 3: File a Defendant’s Claim (Counterclaim)

If you believe the plaintiff owes you money, you can file a Defendant’s Claim (Form 10A), explaining why they should pay you instead.

Example: If you are being sued for an unpaid invoice but believe the plaintiff provided faulty services, you can counterclaim for the cost of damages.

Option 4: Ignore the Lawsuit (Not Recommended)

  • If you do not respond within 20 days, the plaintiff can request a default judgment against you.
  • This means the court may order you to pay the full amount without a trial.

Tip: Even if you believe the claim is unfair, ignoring it will not make it go away.

What to do if you are sued in Small Claims Court

Step 3: File Your Defence

Once you complete Form 9A (Defence):

  • Make copies (one for the court, one for the plaintiff, and one for yourself).
  • File the form at the same Small Claims Court where the Plaintiff’s Claim was issued. You can file online via the Small Claims Court E-Filing Service (ontario.ca) or in person. Fee: $73 to file a defence.

Step 4: Serve the Plaintiff

After filing, serve a copy of your Defence (Form 9A) to the plaintiff using one of these methods:

  • Personal service (hand delivery).
  • Registered mail or courier (keep proof of delivery).
  • Process server (a professional service that delivers legal documents).

Then, file an Affidavit of Service (Form 8A) to prove the plaintiff received your response.

Step 5: Attend the Settlement Conference

  • If you file a Defence, the court schedules a Settlement Conference within 90 days.
  • A judge or court officer helps both parties negotiate a resolution.
  • If no settlement is reached, the case moves to trial.

Tip: Be honest and prepared with your evidence during the settlement conference. Many cases are resolved here without a trial.

Step 6: Prepare for Trial (If Necessary)

If the case goes to trial, you must:

  • Bring all documents, contracts, invoices, emails, and witnesses supporting your case.
  • Follow court rules and present your arguments clearly.
  • Consider hiring a lawyer or paralegal for complex cases.

What to do if you are sued in Small Claims Court

What Happens If You Lose the Case?

If the court rules against you, you may be ordered to:

  • Pay the full amount of the claim plus court costs and interest.
  • Set up a payment plan with the plaintiff.
  • Face wage garnishment or asset seizure if you do not pay.

Tip: If you believe the judge made a legal error, you can appeal in the Divisional Court, but appeals are only allowed in rare cases.

Final Tips for Defendants

  • Act quickly – respond within 20 days to avoid default judgment.
  • Gather strong evidence – keep receipts, contracts, and emails.
  • Be honest in court – lying can harm your case.
  • Consider a lawyer or paralegal if the case is complicated.
  • Try to settle – courts prefer negotiated settlements over trials.

Being sued in Ontario Small Claims Court can be stressful, but understanding your rights and options helps you respond effectively. Whether you settle, defend yourself, or counterclaim, acting promptly and strategically increases your chances of a successful outcome.

Guides for Small Claims Court Matters

The Ministry of the Attorney General has a series of guides to Small Claims Court procedures which are available at court offices and online.

For more details, visit the Ontario Small Claims Court website

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