Make ThemPay.

Ontario Small Claims Court · claims up to $50,000

The cheque bounced. The debt did not.

A cheque returned NSF is proof of a debt. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The person who signed the cheque promised that the bank would pay it, and owes you the amount when it does not [VERIFY Bills of Exchange Act, s. 130]. The amount is fixed, so the clerk can sign a Default Judgment if no Defence comes (rule 11.02).

Check your claim, free Write the demand letter

What you have to show

  1. 1. The cheque, front and back, with the NSF stamp or notice from the bank.
  2. 2. What the cheque was for: the invoice, the loan, or the agreement.
  3. 3. That the debt is still unpaid after your demand.

Documents that help

  • • The returned cheque and the NSF notice from the bank.
  • • Your bank statement with the NSF fee.
  • • The invoice, loan record, or agreement behind the cheque.
  • • Your demand letter and any reply.

The route

Tell the payer in writing that the cheque was returned. Send a demand letter with one date to pay, and add the NSF fee your bank charged [VERIFY]. If the date passes, file a Plaintiff's Claim (Form 7A) with the cheque and the notice attached (rule 7.01(2)) and pay $108 (O. Reg. 332/16, as stored 2026-01-06). If no Defence is filed in 20 days (rule 9.01), ask the clerk to note default and to sign a Default Judgment (rules 11.01, 11.02). That fee is $94.

Deadline. 2 years from the day the bank returned the cheque, in most cases (Limitations Act, 2002, s. 4 and s. 5).

From here to paid

DemandA letter with a date, free. A lawyer's letter on letterhead, $249.ClaimForm 7A filled from your answers, free. Filing Package $49. Filed for you $499.TrackService, defence, default, conference, trial: one dashboard, every deadline counted.CollectGarnishment and writs filled from the judgment. Or hand it off on contingency.

Questions people ask

Can I sue someone for a bounced cheque in Ontario?
Yes. A cheque returned NSF shows a debt. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The signer of a cheque engages to pay it if the bank dishonours it [VERIFY Bills of Exchange Act, s. 130]. File a Plaintiff's Claim (Form 7A), attach the cheque (rule 7.01(2)), and pay $108 (O. Reg. 332/16, as stored 2026-01-06).
Do I need to prove the original debt, or is the cheque enough?
The cheque itself is strong evidence: the signer promised payment of a fixed sum [VERIFY Bills of Exchange Act, s. 130]. Attach the invoice or the agreement behind it as well (rule 7.01(2)), because a defendant can raise a dispute about the underlying deal. A claim for a fixed sum is liquidated, so the clerk can sign a Default Judgment without a trial if no Defence is filed (rule 11.02).
Can I claim the NSF fee my bank charged me?
You can ask for it as part of your loss, with the bank statement attached [VERIFY]. Claim prejudgment interest from the day the cheque was dishonoured (Courts of Justice Act s. 128). If you win, the court can also order costs, including your claim fee and service costs, as disbursements (rule 19.01). List each amount separately on Form 7A.
Is writing a bad cheque a crime?
It can be, if the person knew the cheque would not be paid [VERIFY Criminal Code s. 362]. The police decide whether to lay a charge; you do not control that, and a charge does not get your money back. Small Claims Court is the route to a judgment for the amount. You can report to the police and sue at the same time.
What if the person wrote a new cheque and it bounced too?
Each returned cheque is more evidence of the debt. Do not accept replacement cheques for long; the 2-year clock runs from the first dishonour, in most cases (Limitations Act, 2002, s. 4 and s. 5). A part payment or a signed acknowledgment can restart the clock [VERIFY Limitations Act, 2002, s. 13]. Send one demand letter with one date, then file Form 7A.

Other situations

Legal information, not legal advice. Rules cited are from the Rules of the Small Claims Court, O. Reg. 258/98, and the Limitations Act, 2002. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.