What to do when being sued in Small Claims Court

Receiving a claim from Small Claims Court in Ontario can be stressful, but it’s important to act quickly and understand your options

Ignoring the lawsuit can lead to a default judgment against you, meaning the other party may win automatically. Here’s what you should do if you’re being sued.

✅ 1. Read the Claim Carefully

The Plaintiff’s Claim (Form 7A) tells you:

• Who is suing you (the Plaintiff)

• How much they are claiming

• Why they are suing you (their legal reasons)

• The deadline for responding

Pay close attention to the filing date and service date, because you have 20 days from the date you were served to respond.

✅ 2. Decide How to Respond

You have several options under Ontario’s Rules of the Small Claims Court:

• File a Defence (Form 9A) if you disagree with the claim

• File a Defence and Defendant’s Claim (Form 10A) if you believe the Plaintiff actually owes you money or caused you damages

• Negotiate or settle before trial

• Do nothing (NOT recommended), which will likely result in a default judgment against you

  
  

✅ 3. File Your Defence on Time

If you disagree with the claim, you must file a Defence within 20 days after being served.

• Submit it to the court where the claim was filed

• Pay the filing fee

• Serve a copy on the Plaintiff

If you need more time, you can ask the Plaintiff to agree to an extension or bring a motion to the court, but you must act before the deadline.

✅ 4. Gather Evidence and Documents

If you plan to defend yourself, start collecting all relevant evidence, such as:

• Contracts, receipts, invoices

• Emails, messages, or letters

• Photos, videos, or other records

• Witness information

Evidence is critical because the judge will rely on proof, not just arguments.

✅ 5. Consider Settlement or Mediation

Not all cases need to go to trial. Many disputes can be resolved through negotiation or settlement.

• If you can agree on an amount or a solution, you can sign a settlement agreement and avoid trial.

• After a defence is filed, court will schedule a settlement conference within 90 days, where a judge helps both sides discuss possible resolution before trial.

  
  

✅ 6. Think About Legal Representation

You can represent yourself in Small Claims Court, but if:

• You’re unfamiliar with court procedures

• The case involves complex facts or evidence

It may be wise to hire a Licensed Paralegal or Lawyer to help you prepare your defence and represent you in court.

✅ 7. What If You Ignore the Claim?

If you do nothing, the Plaintiff can ask the court for a default judgment, which means they automatically win. Once there is a judgment, they may take steps to enforce it, such as:

• Garnishing your wages or bank account

• Seizing property and sell it in auction.

• Placing a lien on your assets

It’s almost always better to respond than to ignore the claim.

✅ 8. Key Deadlines to Remember

• 20 days to file a Defence after being served

• If you miss the deadline, you may need to bring a motion to set aside default judgment, which can be costly and difficult

  
  

Conclusion: Take Action Quickly

Being sued in Small Claims Court doesn’t mean you will lose, but time is critical. Review the claim, know your options, and respond properly within the deadline.

If you’ve been served with a Plaintiff’s Claim and you’re unsure what to do, Situ Legal Services can help you:

• Review the claim and explain your options

• Prepare and file your Defence on time

• Represent you in negotiations, settlement conferences, or trial

  
  

👉 Click here to book a consultation with a Licensed Paralegal in Ontario and protect your legal rights before it’s too late.