Small Claims Court

What should you do after being served with a Plaintiff's Claim in Ontario?

Last updated October 7, 2026.

You have 20 days from the day you were served to serve a Defence (Form 9A) on the plaintiff and file it, with proof of service, at the court office. The filing fee is $77. In the Defence you can dispute the claim, admit all or part of it and propose a payment plan, and you can also file a claim of your own. If you do nothing, the plaintiff can have you noted in default and get judgment without further notice to you.

Being sued is stressful, but the first step is simple and the deadline is short, so it pays to act in the first week. This guide covers how to count the 20 days, what to put in a Defence, and what happens after you file. For the wider picture of the court and how Carson Frankum, a licensed paralegal in Hamilton, helps defendants, see our page on Small Claims Court help for plaintiffs and defendants.

What happens after you are served, step by step?

The steps come from the Rules of the Small Claims Court (O. Reg. 258/98) and Ontario's guide to replying to a claim.

Work out your service date. Your 20 days run from when service took effect, not from the date the court issued the claim. If the claim was handed to you, that is the day you got it. If it was left with an adult at your home and a copy mailed, service is effective on the fifth day after mailing (rule 8.03(4)). If it came by registered mail or courier to your home, service is effective on the date the signature was obtained (rule 8.03(8)).
Count the 20 days correctly. Rule 3.01 says you exclude the first day and include the last. If the last day falls on a holiday, the deadline moves to the next day that is not one. Under the Rules, every Saturday and Sunday counts as a holiday, along with the statutory holidays listed in rule 1.02.
Read the claim closely. Check who is suing you, the amount, the documents attached and which court office issued it. An action must be started where the problem arose or where a defendant lives or carries on business (rule 6.01); our guide on which courthouse a claim belongs in explains the options. If the location is wrong, say so in your Defence.
Decide your answer. You can dispute all of it, admit all of it, or admit part and dispute the rest. If you think the plaintiff owes you money, or someone else is to blame, you can also file a Defendant's Claim.
Complete the Defence (Form 9A). Rule 9.02 requires your reasons for disputing the claim "in concise non-technical language with a reasonable amount of detail," your contact information, and a copy of any document your defence relies on. Ontario's guide suggests answering the claim's numbered paragraphs one by one and writing your name exactly as it appears on the claim.
Serve the Defence on every other party. A Defence may be served by mail, courier, email, personal service or an alternative to personal service (rule 8.01(14)). Mail is effective on the fifth day after mailing (rule 8.07(2)), and email the day it is sent, or the next day if sent between 4 p.m. and midnight (rule 8.08(4)).
File the Defence with proof of service. File it at the court office named on the claim, with an Affidavit of Service (Form 8A) for each party served, and pay the $77 fee. Outside the Toronto region you can file online through Small Claims Court Submissions Online, but Ontario says that portal cannot be used to meet a deadline three business days or less away.
Prepare for the settlement conference. In a defended case, a settlement conference is held within 90 days after the first Defence is filed (rule 13.01(3)). At least 14 days before it, each side must serve and file the documents it will rely on and a list of proposed witnesses (rule 13.03(2)).

Your options after being served with a Plaintiff's Claim
Option	What you file	What happens next	Rule
Dispute all of the claim	Defence (Form 9A), $77	Settlement conference, then trial if no settlement	r. 9.01, 13.01
Admit all and propose a payment plan	Defence with an admission and proposed terms	If the plaintiff does not dispute the terms within 20 days, you pay as if it were a court order	r. 9.03(1), (2)
Admit part and dispute the rest	Defence with a partial admission	Payments on the admitted part; settlement conference on the rest	r. 9.03
Claim against the plaintiff or someone else	Defence, plus Defendant's Claim (Form 10A), $108	Usually tried together with the main claim	r. 10.01, 10.04
Do nothing	Nothing	Noting in default; default judgment; enforcement	r. 11.01, 11.02

What if you agree you owe some or all of it?

Rule 9.03 lets you admit liability in your Defence and propose terms of payment, such as monthly instalments. If the plaintiff does not dispute your proposal within 20 days after being served with your Defence, you must pay as proposed as if it were a court order. If the plaintiff does dispute it, they file a Request to Clerk (Form 9B) and the court holds a terms of payment hearing. If you are an individual, the clerk sends you a Financial Information Form (Form 20I), which you complete and serve on the plaintiff before the hearing but do not file with the court.

If you then miss a payment, the plaintiff can serve a Notice of Default of Payment (Form 20L). Once 15 days have passed since that notice was served, the plaintiff can file an affidavit and the clerk signs judgment for the unpaid balance (rule 9.03(2)). Our guide on paying a judgment in instalments covers how payment orders work once a judgment exists.

Admitting a debt you truly owe can save the cost of a trial you are unlikely to win, and a realistic payment plan is often easier to keep than a court-imposed one. Admitting only what you owe, and disputing the rest with reasons, keeps the fight focused.

What changes the answer?

You are already past 20 days. Ontario's guide says your Defence will still be accepted for filing as long as the plaintiff has not had you noted in default. If you have been noted in default, you cannot file a Defence or take any other step, except a motion to set it aside, without the court's permission or the plaintiff's consent (rule 11.05(1)). Our guide on default judgment and setting it aside explains the test.
The parties agree to more time. A time for serving or filing a document can be lengthened by filing the parties' consent (rule 3.02(2)), and the court can lengthen any time on just terms (rule 3.02(1)).
The claim is old. Most claims must be started within two years of the day the claim was discovered (Limitations Act, 2002, s. 4). If you believe the plaintiff waited too long, raise the limitation period in your Defence.
You never actually got the papers. A person who is deemed served can still show, on a motion to set aside a default or to extend time, that the document did not come to their notice, or came late (rule 8.10).
You are under 18 or otherwise under a disability. A minor's case is defended by a litigation guardian (rule 4.01), and a person under disability cannot be noted in default without the court's permission (rule 11.01(2)).
You were served outside the court's area. If every defendant was served outside the court's territorial division, the clerk cannot note anyone in default until jurisdiction is proved by affidavit or before a judge (rule 11.01(3)).
A business is being sued. A partnership sued in its firm name must defend in that name (rule 5.02). A sole proprietor can be sued in the business name (rule 5.06).

A worked example

For example, imagine a Hamilton resident named Jordan whose former roommate sues him for $4,200 in shared bills and furniture. A process server cannot find Jordan at home on March 3, so leaves the claim in a sealed envelope with his adult sister there, and mails a second copy on March 4. Under rule 8.03(4), service is effective on March 9, the fifth day after mailing. Counting 20 days from March 9, excluding the first day, Jordan's deadline is March 29, or the next day that is not a holiday if March 29 falls on a weekend or statutory holiday.

Jordan agrees he owes $1,500 for his share of internet and hydro but says the furniture was his own. His Defence admits $1,500 and proposes $300 a month, disputes the other $2,700 with numbered reasons, and attaches the bank transfers and the receipt for the furniture. He emails it to the roommate on March 20 before 4 p.m., so service is effective that day, then files it online with an Affidavit of Service and the $77 fee well before the three-business-day cut-off. If the roommate accepts the $300 a month, Jordan pays on that schedule; the disputed $2,700 goes to a settlement conference. The example shows how the steps fit together, not how the case would end.

Common mistakes people make

Counting from the wrong date. The 20 days run from effective service, not the issue date printed on the claim, and alternative service adds days you may not expect.
Filing without serving. Rule 9.01 requires you both to serve the Defence on every other party and to file it with proof of service. Filing alone is not enough. Our article on serving documents properly covers the methods.
A Defence with no reasons. "I dispute this claim" tells the judge nothing. Give your reasons, paragraph by paragraph, and attach the documents you rely on.
Leaving online filing to the last minute. The online portal cannot be used for a deadline three business days or less away, so a last-day filing may mean a trip to the courthouse.
Missing the settlement conference. If a defendant misses a first conference and then an additional one, the court can strike the Defence and let the plaintiff prove the claim (rule 13.02(6)).
Moving without telling the court. A change of address for service must be served on the court and the other parties within seven days (rule 8.09(1)), or notices keep going to the old address.

What to do this week

Write down exactly how and when you were served, and calculate your 20-day deadline.
Read the claim and every attachment, and list what you agree with and what you dispute.
Gather your documents: contracts, receipts, bank records, texts and emails, and photos.
Decide whether you also have a claim against the plaintiff or anyone else.
Draft the Defence (Form 9A) with numbered reasons, and a payment proposal for any amount you admit.
Serve it on every other party, complete an Affidavit of Service for each, and file everything with the $77 fee, or apply for a fee waiver if you cannot afford it.
Note in your calendar that a settlement conference should follow within about 90 days.

Frequently asked questions

Do I have to go to the courthouse?

Not always. You can file online in most regions, and under rule 1.07 a settlement conference, motion or terms of payment hearing can be held in person, by video or by telephone, while a trial is in person or by video. The court decides the method and tells the parties.

What does it cost to defend a claim?

The court fee to file a Defence is $77, and $33 for each summons to a witness. If you lose, you may also have to pay part of the plaintiff's costs, which are generally capped at 15 per cent of the amount claimed, plus disbursements (Courts of Justice Act, s. 29).

Can I sue the plaintiff back?

Yes. A Defendant's Claim can be made against the plaintiff, another person, or both, and is issued within 20 days after your Defence is filed, or later with the court's permission. Our guide to a Defendant's Claim walks through it.

What will happen at trial?

If the case does not settle, each side gives evidence and a judge decides. If you do not attend the trial, the judge can strike your Defence and let the plaintiff prove only the amount of the claim (rule 17.01). Our guide to what happens at a Small Claims trial explains the day.

What if the plaintiff files the claim and then does nothing?

Unless the court orders otherwise, the clerk dismisses an action for delay if, by the second anniversary of its start, it has not been disposed of and the plaintiff has not requested a trial date or taken steps to get judgment (rule 11.1.01). Our guide on cases dismissed for delay covers the exceptions.

Can a licensed paralegal file my Defence?

Yes. A paralegal licensed by the Law Society of Ontario can give advice, prepare documents and represent you in Small Claims Court. You can also represent yourself; Ontario's guidance says you do not need a lawyer or paralegal.

Where is my case heard if I was sued in Hamilton?

Your Defence goes to the court office that issued the claim, shown on its first page. Our page on the Small Claims Court in Hamilton covers the local office.

Sources

Need help with a Small Claims Court matter? Contact us today for a consultation.

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.