Taking legal action can feel overwhelming, but Ontario’s Small Claims Court offers a straightforward way to resolve disputes involving $35,000 or less. Whether you’re owed money, dealing with property damage, or handling a contract dispute, filing a claim properly is key to winning your case and avoiding unnecessary delays.

This guide will walk you through everything you need to know before filing a claim in Small Claims Court, including eligibility, forms, fees, and tips for success.

1. Is Small Claims Court Right for Your Case?

✅ Small Claims Court is ideal for:

• Unpaid invoices or loans
• Breach of contract disputes
• Property damage
• Unreturned deposits
• Landlord-tenant disputes (financial claims only)

🚫 Not suitable for:

• Family law matters (e.g., divorce, child custody)
• Employment disputes
• Criminal cases
• Claims exceeding $35,000 (unless you agree to forfeit the excess amount)

For a detailed breakdown of eligible cases, visit the Ontario Small Claims Court Guide.

2. Gather Your Evidence

Before filing your claim, strong evidence is crucial. You’ll need:

📑 Documents: Contracts, invoices, receipts, emails, text messages.
📷 Photos/Videos: Proof of damage, defective products, or relevant conditions.
👥 Witness Statements: Signed statements from people who can support your claim.
📨 Correspondence: Any messages showing attempts to resolve the issue before court.

For a checklist of key documents, check How to Build a Strong Small Claims Case.

3. Complete the Correct Forms

To start your case, you must file a Plaintiff’s Claim (Form 7A), available here.

Key details to include:

• Your name and contact information
• The defendant’s name and address
• The amount you are claiming
• A clear summary of your case (what happened, why the defendant owes you, and what proof you have)

Make sure all names and amounts are accurate to prevent delays.

4. Pay the Filing Fee

Filing a claim isn’t free. Fees depend on the amount claimed:

• Claims up to $12,500 → Filing fee: $102 (in person) / $108 (online)
• Claims above $12,500 → Filing fee: $207 (in person) / $218 (online)

You can find the latest fee schedule here.

5. Serving the Defendant Properly

After filing, you must serve the defendant with the claim. Acceptable methods include:

📬 Personal service (hand-delivered to the defendant)
📦 Registered mail or courier (must be signed for)
🕵️ Process server (a professional service for difficult-to-reach defendants)

Once served, file an Affidavit of Service (Form 8A) to confirm delivery. Incorrect service can delay your case or even result in dismissal.

Read more on How to Serve Documents in Small Claims Court.

6. What Happens After Filing?

After serving the claim, the defendant has 20 days to respond by:

📌 Filing a Defence (Form 9A) – If they disagree with your claim.
📌 Filing a Defendant’s Claim – If they believe you owe them money.
📌 Ignoring the claim – If they don’t respond, you can request a default judgment and potentially win automatically.

For more on what to expect, check The Next Steps After Filing in Small Claims Court.

7. Settlement Conference: Your Chance to Negotiate

Before trial, most cases go to a Settlement Conference, where a judge will help both parties try to reach an agreement.

💡 Why settle? It can save time, legal fees, and stress. If both parties agree, the judge can issue a Consent Order, making the agreement legally binding.

Learn more about Settlement Conferences in Small Claims.

8. Preparing for Trial (If Needed)

If no settlement is reached, you need to prepare for trial:

🎯 Organize your evidence (documents, photos, and witness statements).
🎯 Practice your argument (clearly explain your case in 5 minutes or less).
🎯 Understand courtroom procedures (attend another trial as an observer if possible).

For more guidance, check How to Prepare for Small Claims Court.

9. Collecting Your Money After Winning

Winning a case doesn’t automatically mean you get paid. If the defendant refuses to pay, you may need to take enforcement actions such as:

💰 Wage Garnishment – A court order that deducts payments from the defendant’s paycheck.
💰 Seizing Assets – If they own valuable property, you may be able to seize and sell it.
💰 Filing a Writ of Seizure and Sale – A legal order allowing you to claim money owed.

Read more on How to Enforce a Small Claims Judgment.

Final Thoughts: Be Prepared for Small Claims Court

Filing a claim in Small Claims Court can be a cost-effective way to resolve disputes, but proper preparation is key. Make sure you understand the process, deadlines, and requirements to avoid unnecessary delays.

If you need expert guidance, book a consultation with Carson Frankum to ensure your claim is filed correctly and effectively!

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