Served with a Small Claims claim in Ontario?
You generally have 20 days to respond. Understand what you were served with, your options, and how to protect your position.
Your options after being served
- Dispute the claim. File a Defence (Form 9A) explaining why you do not owe the money, or why you owe less.
- Counterclaim. If you have your own claim, file a Defendant’s Claim (Form 10A) alongside your Defence.
- Settle. Negotiate, or make a formal Offer to Settle (Form 14A).
- Do nothing. Not recommended. It can lead to a default judgment (Form 11B) and enforcement.
What happens next
- The Defence is filed and served.
- A settlement conference, where a judge helps the parties try to resolve the matter.
- A trial, if there is no settlement.
- A judgment, and if you lose, enforcement options such as garnishment.
What to send first
- The Plaintiff’s Claim exactly as you received it, and the date you were served
- Contracts, invoices, receipts, messages and photos related to the dispute
- Any letters or demands you received before the claim
Ways to get help
Full representation covers the matter from start to finish. Limited scope services cover specific tasks, such as preparing your Defence, coaching you for the settlement conference, or appearing once.
Frequently asked questions
How long do I have to respond to a Small Claims claim?
Generally 20 days after you are served with the Plaintiff’s Claim. You respond by filing a Defence (Form 9A) with the court. Check the date you were served and act quickly.
What happens if I do nothing?
The plaintiff can ask the court clerk to note you in default and then obtain a default judgment (Form 11B) without hearing from you. A judgment can lead to garnishment of wages or bank accounts and other enforcement.
Can I sue them back?
Often yes. If you have your own claim against the plaintiff arising from the same dispute, it can be filed as a Defendant’s Claim (Form 10A) together with your Defence.
What if I missed the deadline?
Reach out right away. A motion to set aside the default may be possible, and it is time sensitive.
Should I make an offer to settle?
Often it is worth considering. A formal Offer to Settle (Form 14A) can affect who pays costs if the case goes to trial. Whether and when to make one depends on your case, which is part of the strategy conversation.
Been served with a claim?
Send the claim and the date you were served. Your deadline and your options are confirmed first.