PEI Small Claims Response Deadline: 20, 40 or 60 Days to File Your Defence

You just got served with a Statement of Claim in Prince Edward Island, and the clock is already running. The response deadline depends on where you were served — and miscounting by even one day can result in a default judgment against you.

How the Three Deadlines Work

Rule 74 of the PEI Rules of Civil Procedure sets three different response windows for filing your Statement of Defence (Form 9A):

• 20 calendar days if you were served within Prince Edward Island
• 40 calendar days if you were served elsewhere in Canada or in the United States
• 60 calendar days if you were served outside Canada and the US

These are calendar days, not business days. Weekends and holidays count toward the total.

How to Count the Days

The day you are served is Day 0 — it does not count. Your clock starts on the next calendar day. From there, count every calendar day including Saturdays, Sundays, and statutory holidays.

The one exception: if your final day falls on a Saturday, Sunday, or court holiday (New Year's Day, Good Friday, Canada Day, National Day for Truth and Reconciliation, Thanksgiving, or Christmas Day), the deadline rolls forward to 4:00 PM Atlantic Time on the next business day.

For electronic filings sent to [email protected], anything received after 4:00 PM AT is stamped as the next business day.

Worked example: You are personally served at your Charlottetown home on Thursday, October 8, 2026. Day 1 is Friday, October 9. Count 20 calendar days forward — your deadline is Tuesday, October 28, 2026, by 4:00 PM AT.

What You Need to File Before the Deadline

Two documents must reach the court registry before your deadline expires:

1. Form 9A (Statement of Defence) — your written response to every allegation in the claim
2. Form 8A (Designation of Address for Service) — your contact details for all future court communications

Missing Form 8A is a common mistake. The registry may reject a defence that arrives without it.

What Happens If You Miss the Deadline

If you do not file Form 9A in time, the claimant can ask the court to note you in default. Once noted in default, you cannot file a defence or take further procedural steps without court leave or the claimant's written consent, and you generally lose entitlement to notice of later proceedings. The claimant can then seek a default judgment — administratively for a fixed amount, or after an assessment hearing for unliquidated damages.

Setting aside a default judgment is possible, but you will need to file a motion (Form 37A) with a sworn affidavit explaining why you missed the deadline and showing you have a real defence on the merits. It is significantly harder than filing on time.

Can You Get an Extension?

Yes, through two routes:

1. Consent extension — get written agreement from the claimant or their lawyer and file it with the Prothonotary before your original deadline expires
2. Court-ordered extension — file a Notice of Motion (Form 37A) with an Affidavit (Form 4D) asking a judge to extend time

Settlement talks do not pause your deadline. Until a formal consent or court order is on file, the claimant can request default judgment the moment your time expires.

Getting Started

If you are still within your deadline and want step-by-step guidance through the entire defence process — from verifying service, to filling out Form 9A, to preparing for the settlement conference — the PEI Small Claims Response Guide walks you through every stage.

See more Prince Edward Island guides →