Receiving court papers can be stressful. If you’ve been served with a Plaintiff’s Claim in Small Claims Court, you may feel confused, frustrated, or unsure about your options.
The good news is that Small Claims Court in Ontario is designed to be more accessible than higher courts. However, there are still strict procedures and deadlines that must be followed. Taking the right steps early can protect your rights and improve your chances of a favourable outcome.
Here is what you should do next.
Step 1: Read the Claim Carefully
When you are served with a Plaintiff’s Claim, review it thoroughly. The document outlines:
- Who is suing you
- The amount they are claiming (up to $35,000 in Ontario)
- The reasons for the claim
- The court file number and location
Make note of the date you were served. This date is important because it determines your deadline to respond.
Step 2: Do Not Ignore It
Ignoring a Small Claims Court claim will not make it go away. If you fail to respond within the required time frame, the plaintiff can ask the court for a default judgment.
A default judgment means the court may order you to pay the full amount claimed without hearing your side of the story.
In Ontario, you generally have 20 days from the date you were served to file a Defence.
Step 3: File a Defence
If you disagree with the claim, you must file a Defendant’s Claim (Form 9A) with the court within the deadline. In your Defence, you will explain:
- Why you dispute the claim
- Any facts that support your position
- Whether you believe the plaintiff owes you money
It is important that your Defence is clear, organized, and legally sound. Mistakes or missing information can weaken your case.
Step 4: Gather Evidence
Start collecting all relevant documentation as soon as possible. This may include:
- Contracts or written agreements
- Emails or text messages
- Invoices or receipts
- Photographs
- Witness information
Organized evidence is critical in Small Claims Court. The strength of your documentation can significantly impact the outcome.
Step 5: Prepare for the Settlement Conference
After a Defence is filed, the court will schedule a mandatory settlement conference. This meeting allows both parties to:
- Clarify the issues
- Discuss possible resolution
- Explore settlement options
Many Small Claims matters are resolved at this stage without going to trial. Being properly prepared can improve your negotiating position.
Step 6: Be Ready for Trial if Necessary
If no settlement is reached, the matter proceeds to trial. At trial, both parties present their evidence and arguments before a judge.
Preparation is essential. This includes:
- Organizing documents
- Preparing witness testimony
- Understanding court procedure
- Presenting your case clearly and professionally
Even though Small Claims Court is designed to be simpler than higher courts, trials still require careful preparation.
Can a Paralegal Help If You’re Being Sued?
Yes. In Ontario, licensed paralegals are authorized to represent clients in Small Claims Court. A paralegal can:
- Draft and file your Defence
- Ensure documents are properly served
- Represent you at the settlement conference
- Prepare your case for trial
- Advocate on your behalf in court
Professional representation can reduce stress and help you avoid costly procedural mistakes.
What Happens If You Lose?
If the court orders you to pay money, the plaintiff may take steps to enforce the judgment if payment is not made. This could include wage garnishment or other collection measures.
Understanding your options early can help you plan appropriately and, in some cases, negotiate payment arrangements.
Get Guidance Before Deadlines Pass
Being sued in Small Claims Court does not automatically mean you will lose. However, acting quickly and strategically is critical.
At Ontario Legal Service, we assist individuals and businesses across Ontario with Small Claims Court matters. We take a client-first approach and provide clear, honest guidance so you understand your rights and options at every stage.
If you have been served with court documents, contact us for a free consultation. We will review your case and help you determine the best path forward.