Served With Small Claims Papers in NWT: What to Do First

Step 1: Verify the Papers Are Real

Before you panic, confirm you are actually dealing with a legitimate court action. Look for these three things on Form 1 (Statement of Claim):

• The seal of the Territorial Court of the Northwest Territories — a court stamp or embossed mark on the document
• A registry file number — a unique case number assigned by the court
• The registry location — Yellowknife, Hay River, or Inuvik

If any of these are missing, do not assume the papers are invalid. To verify them, call the court registry directly using the official government phone numbers — not any number printed on a cover letter that came with the papers.

• Yellowknife: (867) 767-9289 or toll-free 1-866-822-5864
• Hay River: (867) 874-6509 or toll-free 1-866-885-2535
• Inuvik: (867) 678-8022 or toll-free 1-866-344-3940

Ask the registry to confirm that a case matching your file number exists and that you are named as the defendant.

Step 2: Record the Date and Calculate Your Deadline

Write down the exact date you were served. This is "Day 0." Your response deadline starts the next day:

• Served in the NWT: You have 25 calendar days to file Form 2
• Served outside the NWT: You have 30 calendar days

If the deadline falls on a weekend, territorial holiday, or day the registry is officially closed, it extends to 4:00 PM on the next business day the registry is open.

Step 3: Read What They Are Claiming

Form 1 lays out the plaintiff's case in structured sections. Pay attention to:

• Who is suing you (the "FROM" section)
• What they say happened (the "WHAT HAPPENED?" section)
• How much they want (the "HOW MUCH?" section, broken into lettered items)

Read each claimed amount carefully. You may agree with some items and dispute others. Understanding exactly what is being claimed is the foundation for your defence.

Step 4: Check for a Blank Form 2

The plaintiff should have included a blank Form 2 (Statement of Defence) with the papers. If it is missing, download one from the NWT Courts website or pick one up at the court registry.

Step 5: Choose Your Response Path

You have three main options — and they are not mutually exclusive:

1. Dispute the claim — deny some or all of the amounts, explaining why in the dispute section of Form 2
2. Admit and propose payment — accept what you owe and propose a payment schedule
3. File a counterclaim — sue the plaintiff back for damages arising from the same dispute (this goes in the counterclaim section of Form 2 and requires a filing fee)

You can mix these. For example, you might dispute items (a) and (b) while admitting item (c) and proposing monthly payments on it.

Step 6: Gather Your Evidence Early

Start collecting documents now, even before you file your defence:

• Contracts, invoices, and receipts
• Text messages, emails, and written communications with the plaintiff
• Photos of any property, damage, or work in question
• Bank statements showing payments already made

You will need these for the mandatory judicial mediation session and, if the case does not settle, for trial. Organizing them now while details are fresh saves you scrambling later.

Do Not Ignore the Papers

The single worst thing you can do is nothing. If you do not file Form 2 within the deadline, the plaintiff may apply for default judgment. For a fixed-sum claim, a registry clerk may sign Form 11 without an oral hearing; for unliquidated damages, a judge may schedule an assessment hearing. A judgment creditor may then seek enforcement through a garnishee summons (Form 35) or a writ of execution (Form 22).

The NWT small claims response guide walks you through every step from verifying your papers to filing your defence and preparing for the settlement conference, with worksheets and checklists to keep you on track.

See more Northwest Territories guides →