Small Claims Court forms, explained
Each form below has a plain-language page: what it is for, who uses it, when, and what to have ready before you start.
Getting ready and starting a claim
For the person who is suing.
- Adding more plaintiffs or defendantsForm 1A: Additional PartiesLists every extra plaintiff or defendant when there are more than the main claim or defence form has room for.
- Starting a Small Claims caseForm 7A: Plaintiff's ClaimStarts your case. It names the parties, says how much you are claiming and why, and is filed with your Schedule A and supporting documents.
Serving and answering a claim
Proving the papers were delivered, and responding when you are sued.
- Proving you served a documentForm 8A: Affidavit of ServiceA sworn or affirmed statement that proves a document was served: who received it, what it was, and when, where and how it was delivered.
- Responding to a claim against youForm 9A: DefenceYour written answer to a Plaintiff's Claim. You can dispute the whole claim, admit part of it, or admit it and propose payment terms.
- Making a claim of your own as a defendantForm 10A: Defendant's ClaimLets a defendant make a claim in the same case, against the plaintiff or another person who should pay part of what is claimed.
- Agreeing in writing to something in your caseForm 13B: ConsentRecords, in writing and signed, what the parties agree to. Under a payment proposal, it is the form used to ask that a missed payment not lead to judgment and that the plan carry on [VERIFY: exact use].
- Listing your income, bills and debts for a payment hearingForm 20I: Financial Information FormLists a debtor's monthly income, expenses, assets and debts so a referee can set fair terms of payment.
- Telling the defendant they missed a paymentForm 20L: Notice of Default of PaymentTells a defendant that they missed a payment under their proposal and that judgment for the unpaid balance can follow in 15 days.
- Swearing the defendant missed a payment, to ask for judgmentForm 20M: Affidavit of Default of PaymentA sworn statement that the defendant did not pay as agreed, how much was paid and the unpaid balance, filed so the clerk can sign judgment for that balance.
When no Defence is filed
Steps when the other side does not answer, or when you missed your deadline.
- Asking the clerk to take a stepForm 9B: Request to ClerkAsks the clerk to take an action in your case, such as noting a defendant in default or recording that you dispute proposed payment terms.
- Getting judgment when no Defence is filedForm 11B: Default JudgmentAsks the clerk for judgment against a defendant who was noted in default, when the claim is for a debt or fixed amount (Rule 11.02).
- Asking the court to decide an issueForm 15A: Notice of Motion and Supporting AffidavitAsks the court to make an order on a specific issue during the case, such as setting aside a default or extending a deadline. The affidavit sets out the facts.
Settlement conference and trial
Getting ready for the meeting with the judge, and for trial day.
- Asking to attend a hearing a different wayForm 1B: Request to Change Attendance MethodAsks the court to let you, or others, attend a hearing in a different way than the one set, for example by video instead of in person [VERIFY: attendance options].
- Listing your witnesses for the settlement conferenceForm 13A: List of Proposed WitnessesTells the court and the other parties who you may call as a witness, so everyone can prepare.
- Making a formal offer to end the caseForm 14A: Offer to SettleSets out, in writing, the terms on which you would settle the case. A formal offer can affect costs later.
- Making a witness come to courtForm 18A: Summons to WitnessOrders a person to come to court and give evidence at trial.
Collecting your money
After you win, if the other side does not pay.
- Moving a judgment to another court locationForm 20A: Certificate of JudgmentConfirms the judgment so it can be enforced in another Small Claims Court location, for example where the debtor lives [VERIFY: when it is used].
- Seizing and selling the debtor's belongingsForm 20C: [VERIFY] Writ of Seizure and Sale (personal property)Part of the writ of seizure and sale process. It lets an enforcement office seize and sell a debtor's property to pay a judgment [VERIFY: which property this form covers].
- Placing a claim against the debtor's landForm 20D: [VERIFY] Writ of Seizure and Sale (land)Part of the writ of seizure and sale process. It can be used against land or a home the debtor owns [VERIFY: which property this form covers and how it is filed].
- Collecting from the debtor's wages or bank accountForm 20E: Notice of GarnishmentTells a third party who owes the debtor money, such as an employer or a bank, to pay part of it to the court to pay down the judgment.
- Asking the debtor questions about their moneyForm 20H: Notice of ExaminationRequires the debtor to come to an examination hearing and answer questions under oath about their income, property and debts.
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