Served With a Small Claims Court Claim in Ontario? What to Do

First: Confirm It's Real

Before anything else, verify the document is a genuine court filing and not a collection notice dressed up to look official. A legitimate Plaintiff's Claim (Form 7A) will have:

• A court file number in the top-right corner
• An official seal of the Superior Court of Justice
• The issuing court office name and address
• A date of issue stamped by the clerk

Cross-check the court location against the Ministry of the Attorney General's courthouse directory. Don't use any phone numbers or links printed on the document itself until you've confirmed it's authentic.

Your 20-Day Clock

Under Rule 9.01, you have 20 calendar days from the date you were served to serve and file a Defence (Form 9A). Calendar days means weekends and holidays count toward the total — but if day 20 lands on a weekend or statutory holiday, the deadline extends to 5:00 PM on the next business day.

The day you were served is day zero. Count forward from the next day.

If the Plaintiff's Claim was served by registered mail or courier as an alternative to personal service, the effective service date is the date you or someone who appears to be a member of your household signs to verify receipt. The fifth-day deeming rule applies to other documents served by mail or courier, not to a claim served this way.

Your Four Options

1. Dispute the Claim (Full or Partial)

File a Defence (Form 9A) disputing all or part of what the plaintiff says you owe. This is the most common response. You'll need to explain your side in clear factual terms — what happened, why you disagree with the amount, and what evidence you have.

Filing fee: $77. After filing, the court schedules a mandatory settlement conference.

2. Admit and Propose Payment Terms

If you do owe the money, you can admit the claim in Form 9A and propose a payment schedule — monthly instalments or a deferred lump sum. Within 20 days after service of your Defence, the plaintiff can file and serve a Request to Clerk (Form 9B) for a Terms of Payment Hearing if they dispute your proposal. The court may make a payment order based on your financial situation.

3. File a Defendant's Claim (Counterclaim)

If you believe the plaintiff owes you money from the same dispute — say a contractor is suing for payment but left your renovation half-finished — you can file a Defendant's Claim (Form 10A) within 20 days after filing your Defence. After that period, you need leave of the court to file before trial or default judgment. Filing fee: $108. The Defendant's Claim is tried with the action unless the court orders otherwise.

4. Do Nothing (Not Recommended)

If you don't respond within 20 days, the plaintiff can ask the clerk to note you in default under Rule 11.01. Once noted in default:

• You cannot file a Defence or take another step without leave of the court or the plaintiff's consent, and you are generally not entitled to notice of further steps except those the Rules require you to receive
• The plaintiff can request a default judgment (Form 11B) — either automatically for a fixed-amount debt, or through an assessment hearing for other claims
• Enforcement follows: garnishment of wages or bank accounts, seizure of personal property

If the plaintiff does not consent to a clerk's order on consent (Form 11.2A), setting aside a default requires a motion (Form 15A) and a $127 filing fee. The court considers whether you acted promptly, had a reasonable explanation for missing the deadline, and have a defence on the merits.

What to Do This Week

1. Read the claim carefully. Note the exact amount demanded, the facts alleged, and who the plaintiff is.
2. Mark your deadline. Count 20 calendar days from service (remember: day of service = day zero, weekends count, holiday rollover applies).
3. Gather your evidence. Contracts, receipts, text messages, emails, photos — anything relevant to your side of the dispute.
4. Decide your response. Dispute, admit, or counterclaim. If you're not sure, the free resources at Steps to Justice (stepstojustice.ca) or Pro Bono Ontario's hotline (1-855-255-7256) can help with a quick orientation.
5. File Form 9A. Serve it on every other party, complete an Affidavit of Service (Form 8A) for each party served, and file the defence and affidavits with the court clerk before the deadline.

The Complete Defence Walkthrough

Our Ontario Small Claims Court Defence Guide covers every step from the moment you're served through post-judgment options — deadline calculations, form-by-form instructions, evidence organization, and settlement conference preparation. It's built for people handling this themselves for the first time.

See more Ontario guides →