How to Sue in Small Claims Court Ontario

Note: Because Small Claims e-filing does not retain documents for future reference or printing, we recommend that you print the review summary page, which displays the name or type of all supporting documents provided with your subsequent request for reference. Continue with ServiceOntario.ca, log in to your ONe-key account, and click on the My Existing Rights page. The small claims process involves several steps: Once you have accessed your account page, click on “Small Claims e-Filing” under “Connected Services above your existing applications”. If no defence is served within 20 days, you can ask the court to make a decision on your application without the defendant(s) present. This is called the “default procedure”. This includes noting the defendant in default and then: If you do not receive this email, contact the courthouse where you filed your application. Download electronic copies of all receipts as proof of these costs and click Next. You do not need to upload receipts for legal costs. When you submit your document(s) through the Petclaims Court Submissions online portal, you will receive on-screen confirmation that your documents have been filed but have not yet been filed or issued by the court. Take a screenshot or print a copy of this screen for your records. Use the online juvenile complaint portal to file other types of documents, such as defendants` defenses and claims. The defendant has 20 days from the date you served your request to respond. The defendant will file a defence in Small Claims Court and provide you with a copy.

If the defendant has not filed a defense within 20 days, you must file your affidavit online, which is a certified affidavit/document that tells the court how, when, and where you served your claim on the defendant. The defendant has 20 days from the date you served the application (effective date of service) to file a defence and provide you with a copy of it. For more information, see the Document Delivery Guide. If your documents are refused, you can resolve the issues and resubmit the revised documents and appropriate court fees to court. Learn how to file Small Claims Court documents online without going to court. An assessment hearing is sometimes called an undefended procedure. After you make your application, the court clerk will send you a notice of the assessment hearing, including the date, time and location of your hearing. You must appear in court and explain to the judge what you are owed and why. For more information, see the Court Preparation Guide. When the form has been sent to the court, a summary appears. Small Claims Court is often used to collect funds owed under a contract, such as a goods or services agreement.

It can also be used to pursue claims for damages, including personal injury, property damage, or breach of contract. Scroll down the ontario.ca/smallclaims page and click on “Submit a new or existing claim”. Within five business days, you should receive an email with the default judgment rendered by the court. Small Claims Court documents are public documents. The information you provide can be viewed by the public, whether you file your return in person or online, unless a statute, common law rule or court order provides otherwise. Learn more about public access to civil court records (including Small Claims Court). Under the Small Claims Court rules, you must send or submit a printed copy of your application and attachments, affidavit, notice of application and supporting documents to Small Claims Court to the above address in your applicant`s application within 14 days. You don`t need to go to court right now. The judge will review your documents and send you a decision by email.

If you have not received a judge`s decision (a so-called “endorsement file”) from the court within six weeks, you can contact the Small Claims Court office listed above in your applicant`s application to inquire about their status. If all defendants are in default and your claim is an unresolved claim, you can complete and file a written application for a declaration (Form 15A). In your application form, explain what you are owed and why, and upload scanned copies of all receipts. You don`t have to go to court right now to talk to a judge. The judge`s decision will be emailed to you. The application form must be signed before a member for the acceptance of affidavits. If you are suing an individual or business for $35,000 or less, you may be eligible to file your claim online. The Tribunal has civil jurisdiction over monetary claims up to $35,000 and provides Ontarians with an effective and cost-effective forum to assert or defend these claims.

The Small Claims Court rules provide for streamlined procedures so that cases can be decided at a lower cost and in less time for litigants than cases before the Supreme Court. Going to court to collect money owed to you can be a lengthy and expensive process. However, if you are claiming $35,000 or less in Ontario (or if you are willing to give up anything beyond that amount), you can sue in Small Claims Court. Within three business days, you will receive an application form issued by the plaintiff`s court and a partially completed service form by email. You will receive an email with the claim document issued by the plaintiff`s court, which can be printed and served on each defendant along with any documents supporting your claim. On the My Existing Claims page, select the case from the list of open claims, and then click Next Steps. A small claims case is a dispute between individuals or businesses for $35,000 or less. If you have questions about filing your application through ServiceOntario`s Small Claims e-filing portal, please email smallclaimsonline@ontario.ca or call 1-800-980-4962. You may have other expenses in addition to the registration fee. For example, you may have to pay for your witnesses` travel costs to get to court and appear in court, or you may need an interpreter if there are language barriers. Forms submitted online after regular business hours will be accepted and dated the next business day. For example, if you file your form on a Friday after 5:00 p.m., you will receive an email from the court on Monday with the lawsuit issued.

It is not a good idea to ignore a claim. If you don`t know, the court will assume that you agree with what the plaintiff is demanding. B@D.

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