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Are You

Being Sued?

Small claims courts handle amounts up to $25,000 quickly and cheaply, so you probably will be sued

CanLaw Will Find You a Consumer Protection or Money Problems Lawyer


Do not ignore the claim.


Take action. If you don't take action, your creditor can get a default judgment from the court. Then you will not have the chance to negotiate or to present your side of the story.


There are three actions that you can take:


1. Negotiate a settlement.

Contact your creditor if you haven't already done

so. You may be able to negotiate a payment

plan that you can handle. If you and your

creditor agree to a plan, the creditor should

immediately inform the Civil Division of

Provincial Court in writing that the matter has

been settled.

2. Pay the claim.

You can pay the claim and related costs to the

court, or directly to the creditor or his

representative. Make sure you get a receipt. The

court will only accept payment by cash, certified

cheque or money order. You will not have to

appear before a judge if you choose this action.

3. File a defence.

The court documents you were served will tell you how many days you have to file a defence. It is around 20, but varies by province.


You can find how to file a defence, the help you need and the correct forms are listed on the  CanLaw Small Clams court pages. Click here


If you do not file a defence the court will award the creditor with a judgment against you.

4. What happens next?


Once you file a defence the court will hold a settlement conference and advise you of the date.


If a settlement is reached that ends the matter.


If no settlement is reached, the creditor must request a trial.


If you don't appear in court on the day of the trial, the creditor may still get a judgment against you in the full amount.


For more information please consult the CanLaw Guide to Small Claims Courts click here



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