Guides · reviewed 2026-09-04

Did someone serve you with a claim? File a Defence (Form 9A) in 20 days

Legal information, not legal advice. Results depend on the facts of your case.

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

You must serve a Defence (Form 9A) on every other party within 20 days of service of the claim. Then file it with proof of service. If you do not, the clerk can note you in default, and the plaintiff can get judgment against you without a trial.

Do not ignore the claim. A judgment can lead to garnishment of your wages or your bank account, or a writ against your property.

What to do

  1. Read the claim and every attached page.
  2. Find the day service took effect. Count 20 days from the next day. If the last day is a weekend or a holiday, the deadline moves to the next court day. Use the calculator: /calculators/deadlines.
  3. Choose your answer: dispute all, dispute part, or admit all or part and propose payment terms.
  4. Fill in Form 9A. Give your reasons in concise non-technical language, with a reasonable amount of detail.
  5. Attach a copy of each document you rely on, or say why a document is not available.
  6. Serve the Defence on every other party. A Defence can go by mail, courier, email, or in person.
  7. File the Defence with proof of service and pay the $77 fee. Outside Toronto, use Submissions Online. In Toronto, use the Ontario Courts Public Portal.
  8. Does the plaintiff, or someone else, owe you money over the same events? File a Defendant's Claim (Form 10A) within 20 days after you file your Defence. The fee is $108.

If you admit the claim

You can admit all or part of the claim and propose terms of payment in the Defence. If the plaintiff does not dispute your proposal within 20 days, you must pay as if the proposal were a court order. If you then miss a payment, the clerk can sign judgment for the balance 15 days after a notice of default is served on you. If you admit the whole claim and propose terms, there is no settlement conference.

If you are under 18, or act for someone who is

A defendant under 18, or under another disability, defends through a litigation guardian who files a consent (Form 4A) with the Defence. A person under disability cannot be noted in default without leave of the court.

If you missed the 20 days

  • The clerk notes a default only on the plaintiff's request. Until then, file your Defence. If you were noted in default, you need leave of the court or the plaintiff's consent to file it.
  • To set aside a default, bring a motion. The court needs a meritorious defence, a reasonable explanation for the default, and a motion made as soon as reasonably possible.
  • You can also show that the claim never reached you, or reached you late.
  • The motion fee is $127.

Deadlines and fees

  • Defence: 20 days after service takes effect; the fee is $77.
  • Service by mail counts on the 5th day after mailing; by email, the day sent, or the next day if sent after 4 p.m.
  • Defendant's Claim (Form 10A): within 20 days after your Defence is filed; later only with leave. The fee is $108.
  • Motion to set aside a default: $127.
  • Settlement conference: the court sets it within 90 days after the first Defence is filed.

Common mistakes

  • A phone call is not a Defence. Only the served and filed form stops a default.
  • Do not miss the 20 days because of settlement talks. File the Defence; you can still settle.
  • Do not admit the full claim without thought. You can admit part and dispute the rest.
  • Do not forget your own claim. The 20-day window after your Defence is short.
  • Do not skip the documents. Attach them to the Defence.

When to get a lawyer

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

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