How to Make a Defence in the Ontario Small Claims Court
How to Make a Defence in the Ontario Small Claims Court
If you have been sued in Ontario you may be worried and wondering what you can do. One thing that you cannot do is ignore it. If you have been sued and you ignore it, the other side could obtain a judgement against you and freeze your bank account, garnish your wages or put a lien on your property.
If you have been sued you likely fall into one of three categories: - You dispute the claim that has been made against you - You agree that you owe some of the money - You know you owe all of the money
Generally folks who know that they owe someone money and are not paying, are not paying because they can't. Maybe the Plaintiff refused to accept a reasonable payment arrangement that you could live by. A Defence is not just used to dispute a claim, it is also used as a tool to reach a satisfactory resolution to a claim.
On the Plaintiff's Claims form you can admit that you owe some or all of the money and propose a repayment plan that you can live by. Once you have filed a Defence the court will send you a date where you can attend a "Pre-trial" settlement conference. At this conference you will sit down with the other side and a judge, deputy judge or referee to try to reach a settlement. Most cases are resolved at this stage.
So how do you file a defence? Well you can create your court forms online. You will also have to provide the court with your evidence to support your position. If part of your Defence is that you are having major financial problems, include your budget and evidence of same.
Once you create your court forms they can be filed at the Small Claims Court location that the Claim was filed in. You do not have to serve your Defence. Once the Small Claims Court Clerk accepts your Defence they will send it and the notice of the "Pre-trial" settlement conference date by mail.
For more information about how make a Defence in the Ontario Small Claims Court please visit www.easycourt.ca/ontario.