Served with a Small Claims Court claim in Ontario: what to do
By Misbah Shajjan, Licensed Paralegal. Updated November 9, 2026.
If you are served with a Plaintiff’s Claim in Ontario Small Claims Court, you generally have 20 days after service to file a Defence (Form 9A) with the court. If you do nothing, you can be noted in default and a judgment can be made against you without a hearing.
Do not ignore it
When no Defence is filed on time, the plaintiff can ask the court to note you in default. The court can then assume you admit the claim, and the plaintiff can ask for a default judgment. A judgment can lead to garnishment of your wages or bank account.
Find your deadline
Write down the date you were served and count 20 days. If the claim was left with someone else or sent another way, the date of service can be different, so check before you rely on your count. If the deadline is close or has passed, call a paralegal right away.
What your Defence can do
- Dispute all of the claim and explain why
- Admit part of the claim and dispute the rest
- Admit the claim and propose a payment schedule
Check these points before you file
- Is the claim out of time? Most claims must start within two years of when the problem was discovered.
- Did they name the right person or business?
- Is it filed in the right court area?
- Do you have your own claim against them? It may be possible to claim back in the same case.
- Do you have the contract, messages, invoices and photos in date order?
What happens after you file
Most defended cases go to a settlement conference, where a judge helps both sides look for a resolution and narrows the issues. Cases that do not settle go to trial. Many settle at or before the conference.
Questions
How long do I have to respond to a Small Claims Court claim in Ontario?
Generally 20 days after you are served, by filing a Defence on Form 9A.
What if I missed the deadline to file a Defence?
Act quickly. If you have not yet been noted in default, you may still be able to file. If you have, you would generally need the court’s permission to set the default aside. Call us and we will tell you what applies.
How much does a paralegal charge to defend a Small Claims case?
Our flat fee is $2,500 plus HST for one defence, from the start through trial. Court fees are extra. The free 30-minute consultation comes first.
Need help with this? See our Small Claims Court service.
This guide is general information, not legal advice about your situation.