Got Served with a Small Claims Court claim? Your first 5 steps

Opening an envelope and finding a court claim with your name on it is a shock. Your heart races. You may feel angry, scared or confused. All of that is normal.

Here is the good news. Small Claims Court has a clear process, and you have time to respond, but not a lot. Take a breath, and work through these five steps.

Step 1: Write down the date you got it

The most important fact right now is the date you were served with the claim. As a defendantDefendantThe person or business being sued. The defendant responds to the claim by filing a Defence.Close definition of Defendant, you have 20 days after being served to serve and file a defenceDefenceThe defendant's written answer to a claim, saying what they agree with, what they dispute and why. In Small Claims Court it is Form 9A.Close definition of Defence (Rule 9.01).

Write down:

• the date you received the claim
• how you received it: handed to you, left at your home, by mail or courier
• who delivered it, if you know

How you were served matters. Service by mail and holidays can change a deadline. Our defence deadline calculator gives you an estimate. Confirm the final date with the court officeCourt officeThe office at the courthouse where you file documents, pay fees and ask about your case. Staff can explain procedures but cannot give legal advice.Close definition of Court office.

Step 2: Read the whole claim, slowly

Find a quiet moment and read the plaintiff's claimPlaintiff's ClaimThe court form that starts a Small Claims case (Form 7A). It names the parties, says how much is claimed and why, and comes with a Schedule A.Close definition of Plaintiff's Claim from start to finish, including its schedule aSchedule AThe pages attached to a claim or Defence that tell your side of the story in numbered paragraphs. It sets out the facts, the amounts and what you want the court to order.Close definition of Schedule A. Look for:

• Who is suing you. That is the plaintiffPlaintiffThe person or business that starts a court case by filing a claim. The plaintiff asks the court to order the defendant to pay.Close definition of Plaintiff.
• How much they want. Check if they are also asking for interest and costsCostsMoney the court may order one side to pay the other for expenses of the case, such as court fees. Costs are separate from the amount claimed, and there are limits on them [VERIFY].Close definition of Costs.
• The court location and the court file numberCourt file numberThe number the court gives a case when the claim is issued. You put it on every document you file afterward, so the court can match it to your case.Close definition of Court file number.
• Each numbered paragraph. These are the facts they say are true.

Then read it again with a pen. Mark each paragraph: true, partly true, or not true. Do not respond to the plaintiff in anger while you do this.

Step 3: Gather your side of the story

Pull together anything that shows what really happened:

• contracts, quotes and invoices
• receipts, e-transfers and bank statements
• emails, texts and social media messages
• photos and videos
• the names of people who saw what happened

Start a simple timeline, in date order. Also check the dates in the claim. If the events happened more than 2 years before the claim was issuedIssuedWhen the court officially accepts a claim, gives it a court file number and marks it with the court seal [VERIFY]. The 6-month time to serve the claim starts on the day it is issued (Rule 8.01(2)).Close definition of Issued, the limitation periodLimitation periodThe time limit to start a court case. In Ontario it is generally 2 years from when you discovered your claim, under the Limitations Act, 2002. If you miss it, you may lose the right to sue.Close definition of Limitation period may be part of your defence. Our guide to limitation periods explains how it works.

Step 4: Decide how you want to respond

Your Defence on Form 9A lets you choose one of three paths:

1. Dispute the whole claim. You say you owe nothing, and explain why.
2. Admit part of it. You agree you owe some, but not all.
3. Admit it and propose payment termsPayment termsA plan to pay money owed over time, such as a set amount each month. A defendant can propose payment terms in a Defence, and the plaintiff can dispute them within 20 days (Rule 9.03).Close definition of Payment terms. You agree you owe it, and offer to pay over time.

If you think the plaintiff actually owes you money, you may also be able to file a defendant's claimDefendant's ClaimA claim a defendant makes in the same case, against the plaintiff or someone else (Form 10A). It must be filed within 20 days after the Defence is filed (Rule 10.01).Close definition of Defendant's Claim on Form 10A. It must be filed within 20 days after your Defence is filed (Rule 10.01).

It is also fine to talk to the plaintiff about settling. Just keep watching your deadline while you talk. A conversation does not stop the clock.

Step 5: Serve and file your Defence on time

Fill out Form 9A, attach your own Schedule A that answers the claim paragraph by paragraph, and attach your key documents. Then:

1. Serve a copy on the plaintiff.
2. File it with the court, with proof of service, within 20 days of being served (Rule 9.01).
3. Pay the filing fee, which is $77. Check the current fee with the court office.

Keep a copy of everything you file and serve.

What if you already missed the deadline?

If the 20 days have passed, the plaintiff can ask to have you noted in defaultNoted in defaultWhen the court records that a defendant did not file a Defence in time. After that, the defendant cannot file a Defence without the court's permission or the plaintiff's consent (Rule 11.05).Close definition of Noted in default. Once that happens, you cannot file a Defence without the court's permission or the plaintiff's consent (Rule 11.05). You may be able to bring a motion to set asideSet asideTo cancel or undo a court step, such as a noting in default or a default judgment. A defendant asks for this with a motion on Form 15A (Rule 11.06).Close definition of Set aside the default (Form 15A, Rule 11.06). Read our guide on default judgment and act quickly.

You do not have to figure it out alone

For the full picture, read our guide on responding to a claim, and see how the whole process fits together in our Small Claims Court guide.