Guides · reviewed 2026-09-04

A contractor took your deposit. How to get it back

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

A contractor who takes a deposit and does not do the work owes you that money. You can sue for the deposit in Small Claims Court, up to $50,000.

What to do

  1. Gather your proof: the contract or quote, texts, emails, and payment records.
  2. Add up the amount: the deposit, minus the value of any work done.
  3. Check your deadline: /calculators/deadlines. In most cases, you have 2 years from discovery.
  4. Find the contractor's exact legal name. Many contractors work through a numbered company. Read: name the right defendant.
  5. Paid by credit card? Did you cancel the agreement under the Consumer Protection Act and get no refund? You can ask the card issuer in writing to reverse the charge.
  6. Send a demand letter with one date to pay: /demand-letter.
  7. If the date passes with no payment, fill in the Plaintiff's Claim (Form 7A): /build/7a.
  8. File the claim and pay $108.
  9. Serve the claim within 6 months. File Form 8A to prove service.

Before you file: can the contractor pay?

A judgment is an order to pay, not a payment. Check first: does the contractor have a real business, tools, and income? If the contractor has no income and no assets, a judgment can get you nothing. The free checker asks these questions: /check.

Deadlines and fees

  • Start within 2 years of discovery, in most cases.
  • File a claim: $108.
  • Serve within 6 months after the court issues the claim.
  • No Defence after 20 days? Ask the clerk to note default, then request a default judgment: $94. A deposit is a fixed amount, so the clerk can sign the judgment.

Common mistakes

  • Do not sue the name on the truck. Search for the legal name behind it.
  • Do not wait for promised work while the 2-year clock runs.
  • Cash with no receipt is hard to prove. Use bank records, texts, and witnesses to show the payment.
  • Do not claim a rough number. Show the deposit, the work done, and the balance.
  • Do not forget interest. You can claim it from the day the claim arose.

When to get a lawyer

Get legal advice if the contractor says the work was done, or claims money from you. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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