Is your claim worth it? Costs, time, and collection

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

A claim is worth it when the amount is clear, your documents are strong, and the defendant can pay. Some claims are not worth it, and the free checker shows you why before you pay a court fee.

What to do

1. Add up the exact amount: invoices, deposits, repair costs, and money lent.
2. Check your deadline: /calculators/deadlines. In most cases, the limit is 2 years from discovery.
3. List your proof: the contract, emails, texts, invoices, and photos.
4. Ask how the defendant can pay: a job, a business with income, a bank account, or property.
5. Add up your costs: $108 to file, service costs, and $308 for a trial date.
6. Compare the costs and the time against the amount. The free checker does this: /check.

What you can get back if you win

If you win, the court can order the defendant to repay your court fees and reasonable costs. Costs for a representative cannot be more than 15% of the amount claimed, except as a penalty. A self-represented party can get up to $500 for inconvenience and expense. If you beat your own Offer to Settle, the court can double your costs. A self-represented party who beats an offer can get up to $1,500 more.

How long it takes

The settlement conference comes within 90 days after the first Defence. Many cases settle at or before that stage. The wait for a trial date varies by court office. Ask the court office about current wait times. Request a trial date before the second anniversary of the claim, or the clerk dismisses the action for delay. If the defendant does not defend, you can ask for default judgment after 20 days.

Collection

A judgment is an order to pay, not a payment. The court does not collect the money for you. You collect it with garnishment, writs, or an examination. Wages have a limit: you can garnish at most 20% of net wages. If the defendant has no job, no money, and no property, a judgment can get you nothing.

Common mistakes

• Do not skip the collection check. A judgment against a company with no assets gets you nothing.
• Do not forget your own time: forms, service, and a day in court.
• Do not wait near the 2-year limit.
• Do not expect the court to collect. Collection is your work.

When to get a lawyer

Get legal advice if the amount is large or you are not sure about your claim. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines