Served with a Small Claims Court claim? Your 5 options

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 have 20 days after service to answer a Plaintiff's Claim, and 5 options: dispute it, admit it and propose payments, claim back, settle now, or do nothing. Doing nothing leads to a default judgment against you. Read all 5 before you pick.

For how to fill in and file the Defence itself, read file a Defence (Form 9A) in 20 days. For the whole court path, read how Small Claims Court works in Ontario.

What to do

1. Find the date of service. Count 20 days from the next day.
2. Read the claim and every attached page.
3. Check the court location and your name on the claim. The location must fit rule 6.01.
4. Pick one of the 5 options from the table below.
5. To dispute all or part: fill in the Defence (Form 9A) with the free builder at /build/9a. Attach a copy of each document you rely on. File it within 20 days and pay $77.
6. To admit and pay over time: state the amount you admit and the payment terms in the Defence. File it within the same 20 days.
7. To claim back: file a Defendant's Claim (Form 10A) within 20 days after you file your Defence. The fee is $108. Build it at /build/10a.
8. To settle now: serve an Offer to Settle (Form 14A) on the plaintiff. Do not file it. Still file your Defence within 20 days, because an offer does not stop a default.

Our Defence Package prepares your Defence, your documents, and your offer strategy: Defence Package.

Your 5 options, compared

If	Do this	Form	Deadline	Rule
You owe nothing, or less than the claim says	File a Defence that disputes all or part	9A, $77	20 days after service	r. 9.01
You owe it but need time to pay	File a Defence that admits and proposes payment terms	9A, $77	20 days after service	r. 9.03
Someone owes you for the same matter	File a Defendant's Claim	10A, $108	20 days after your Defence is filed	r. 10.01
You want to end it now for a set amount	Serve an Offer to Settle; still file a Defence	14A, no fee	Any time; 7 days before trial for the costs effect	rr. 14.04, 14.07(2)
You do nothing	The plaintiff can get a default judgment	none	after day 20	rr. 11.01–11.03
A default judgment already exists	Bring a motion to set it aside	15A, $127	As soon as reasonably possible	r. 11.06

Where does each option lead?

Option 1: do nothing. After day 20, the plaintiff can ask the clerk to note you in default. For a set amount, the clerk signs a default judgment. For any other claim, a judge assesses the amount. To undo a default judgment, you must bring a motion (Form 15A) and pay $127. The court looks for a real defence, a reasonable explanation, and a motion made as soon as reasonably possible. Read default judgment: when the defendant does not answer.

Option 2: dispute all or part. File the Defence (Form 9A) within 20 days of service. The court then sets a settlement conference within 90 days after the first Defence. At least 14 days before it, serve and file your documents and your Form 13A witness list. If the case does not settle, the next step is a trial.

Option 3: admit and propose payment terms. State the amount you admit and the terms in the Defence. The plaintiff can dispute the terms within 20 days with a Request to Clerk (Form 9B). If the plaintiff does not dispute the terms in time, the terms apply [VERIFY deemed acceptance rule].

Option 4: claim back. A Defendant's Claim (Form 10A) can be against the plaintiff or against another person. It must come out of the same transaction, or be related to the main claim. File it within 20 days after you file your Defence; after that, you need leave of the court.

Option 5: settle now. You serve an Offer to Settle (Form 14A) on the plaintiff. You do not file it, and the trial judge does not see it before judgment. If the plaintiff refuses and the judgment is no more than your offer, the court can award up to double costs from the offer date.

What if I lose, or the claim is in the wrong court?

Costs if you lose. You pay the judgment, prejudgment interest, and costs. The court caps representation costs at 15% of the amount claimed, unless it penalizes unreasonable conduct. The winner also recovers reasonable disbursements. A self-represented winner can get up to $500 for inconvenience and expense.

Wrong court location. The plaintiff must file where the events happened, where a defendant lives or carries on business, or at the nearest sitting. If the plaintiff chose the wrong location, you can ask the court to move the case [VERIFY transfer motion]. Raise the point in your Defence.

Wrong name. If the claim names you wrongly, say so in the Defence. The plaintiff can amend the claim. File your Defence on time.

Deadlines and fees

Fees are from O. Reg. 332/16, as stored 2026-01-06. They change on January 1, 2027.

• Defence (Form 9A): 20 days after service; $77.
• Defendant's Claim (Form 10A): 20 days after your Defence is filed; $108.
• Offer to Settle (Form 14A): no fee; at least 7 days before trial for the costs effect.
• Motion to set aside a default judgment (Form 15A): $127.

Common mistakes

• Do not ignore the claim because you think it is wrong. Only a filed Defence stops a default.
• Do not rely on settlement talks. They do not stop the 20 days.
• Do not miss the 20-day window for your own claim. After it, you need leave.
• Do not file your Offer to Settle. Serve it.

Questions people ask

How many days do I have to respond to a Small Claims Court claim in Ontario?

You have 20 days after the day of service to serve and file a Defence, Form 9A (rule 9.01). Count from the day after service, include the last day, and move a holiday deadline to the next day the court is open (rule 3.01). The Defence fee is $77 (O. Reg. 332/16, as stored 2026-01-06).

What happens if I ignore a Small Claims Court claim?

After 20 days, the plaintiff can ask the clerk to note you in default (rule 11.01). For a set amount, the clerk signs a default judgment (rule 11.02). The plaintiff can then garnish your wages, up to 20% of net wages, or your bank account (rule 20.08; Wages Act s. 7(2)). To set the judgment aside, you must bring a motion for $127 (rule 11.06).

Can I admit the claim and pay in instalments?

Yes. In the Defence you can admit all or part of the claim and propose payment terms (rule 9.03). The plaintiff can dispute the terms within 20 days with a Request to Clerk, Form 9B (rule 9.03(3)). If the plaintiff does not dispute the terms in time, the terms apply [VERIFY deemed acceptance rule].

Can I sue the plaintiff back in the same case?

Yes. A Defendant's Claim, Form 10A, can be against the plaintiff or another person, for a matter that comes out of the same transaction (rule 10.01(1)). File it within 20 days after your Defence is filed; after that you need leave of the court (rule 10.01(2)). The fee is $108 (O. Reg. 332/16, as stored 2026-01-06).

What if the claim was filed in the wrong city?

The plaintiff must file where the events happened, where a defendant lives or carries on business, or at the nearest sitting to a defendant (rule 6.01). If the plaintiff chose a location that does not fit, you can ask the court to move the case [VERIFY transfer motion]. File the Defence within the 20 days in any case (rule 9.01).

When to get a lawyer

Get legal advice fast if the claim is large, the facts are in dispute, or you are not sure which option fits. A lawyer can review your Defence before you file it. 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