Responding to Small Claims Court in Northwest Territories

Your Response Deadline Starts the Day You're Served

When someone serves you with a Statement of Claim (Form 1) in the Territorial Court of the Northwest Territories, your deadline to respond starts immediately. You have 25 calendar days if you were served inside the NWT, or 30 calendar days if served outside the territory. Day zero is the day you received the papers — counting begins the next day.

If your deadline lands on a weekend or territorial holiday, it extends to 4:00 PM on the next business day the registry is open. But don't rely on that cushion. Filing Form 2 (Statement of Defence) even one day late opens the door for the plaintiff to apply for default judgment, which is enforceable the moment a judge or clerk signs it.

What You Need to File

Your response goes on Form 2 (Statement of Defence), which should have been included as a blank copy with the papers you were served. If it wasn't, download it from nwtcourts.ca. You can also pick up a copy at any court registry.

Form 2 has sections for:

• Dispute — respond to each item in the plaintiff's "How Much?" section with your reasons for denying it
• Agreement — if you admit you owe some or all of the money, propose a payment schedule
• Counterclaim — if the plaintiff owes you money from the same dispute, claim it here instead of filing a separate lawsuit

You don't need to write a legal essay. Short, factual responses to each claim item are what the court expects at this stage. Save the detailed arguments for the settlement conference and hearing.

Three Ways to File

The NWT Territorial Court accepts Form 2 through three channels:

1. In person at the Yellowknife, Hay River, or Inuvik court registry during business hours (typically 9:30 AM to 4:00 PM)
2. By mail to the registry's postal address — but filing counts from the date the registry receives it, not the date you mail it
3. By email as a signed PDF sent to the registry's email address

Filing a standard defence is free. A counterclaim requires a filing fee.

What Happens After You File

Once the registry processes your Form 2, the clerk serves a copy on the plaintiff and schedules a mandatory judicial mediation session. This isn't optional — every disputed small claim in the NWT goes through mediation with a Territorial Court judge before it can reach trial.

Mediation is confidential. Nothing you say or offer during the session can be used against you at trial. If you reach a settlement, both parties sign Form 12 (Agreement) and the case is resolved. If mediation fails, a different judge hears the trial.

What Happens If You Don't Respond

Ignoring the papers doesn't make the lawsuit disappear. If you don't file Form 2 within your deadline, the plaintiff files Form 3 (Affidavit of Service) to prove you were properly served, then applies for default judgment using Form 11.

For a fixed-amount claim (an unpaid invoice, a clear debt), the registry clerk can sign Form 11 without a hearing. For unquantified damages, a judge may schedule an assessment hearing where the plaintiff presents evidence.

A default judgment is a real court order. The plaintiff may seek to garnish funds owed to you by a bank or employer, or seek seizure of non-exempt assets through a Writ of Execution. If you've already missed your deadline, you can apply to set aside the default judgment through Form 40 (Application to Judge) with a supporting affidavit. You must show a reasonable explanation for missing the deadline, no deliberate delay or willful default, and a prima facie meritorious defence.

Getting Help

The NWT Legal Aid Commission's Outreach Clinic offers up to three hours of free legal advice and document coaching on civil matters — no income test required. Call 1-844-497-1319 or visit their office at #1, 4915 48th Street in Yellowknife. It does not provide full representation or court appearances for standard civil small claims defences, or document drafting.

For a complete walkthrough of every step — from reading your papers through the hearing and beyond — the Responding to a Small Claim in Northwest Territories guide covers deadlines, Form 2 drafting, counterclaims, mediation preparation, and post-decision options in one place.

See more Northwest Territories guides →