If you are served with a Small Claims Court lawsuit in London, Ontario, you have exactly 20 calendar days to file a formal Defence (Form 9A). If you ignore the paperwork, the court can issue a default judgment against you, granting the plaintiff the legal right to garnish your wages or seize funds directly from your bank account.
Having a process server knock on your door and hand you a stack of legal documents is an incredibly stressful experience. Whether you are a small business owner on Richmond Street facing a supplier dispute, or an individual being sued by a former landlord, being named as a defendant in a civil lawsuit is a serious matter. Unfortunately, simply disagreeing with the claims written in the documents or ignoring them hoping they will go away is the worst action you can take.
When you are sued in Ontario’s Small Claims Court, the legal clock starts ticking the moment those documents touch your hands. You are now thrust into a rigid, structured legal system. Protecting your assets, your business reputation, and your bank accounts requires you to take immediate, strategic steps to file a formal legal response at the local courthouse.
Step-by-Step Process for Defending a Lawsuit in London
You cannot simply call the courthouse to explain your side of the story, nor should you call the plaintiff to argue. The court only recognizes formally filed documents. Here is the step-by-step procedure you must follow to protect yourself in Middlesex County.
Step 1: Read the Claim and Note the Date
First, take a breath and carefully read the Form 7A: Plaintiff’s Claim. 🔍 Look at exactly who is suing you, how much they are demanding, and the factual reasons they are relying on. Most importantly, write down the exact date you were served. The law grants you 20 calendar days from this specific date to prepare and file your official response. Weekends and holidays count toward these 20 days.
Step 2: Drafting the Statement of Defence (Form 9A)
Your official response is made using Form 9A: Defence. In this document, you must go through the plaintiff’s allegations paragraph by paragraph. You must clearly state whether you agree with, disagree with, or have no knowledge of each specific point. If you believe the plaintiff actually owes you money (for example, if they provided defective work), you can also draft a Form 10A: Defendant’s Claim to counter-sue them simultaneously.
Step 3: Serving and Filing Your Defence
Once your Defence is written, you must serve a copy to the plaintiff (or their legal representative) at the address listed on their claim. 📬 After serving them, you must complete an Affidavit of Service to prove to the court that you sent it. Finally, you file the Defence and the Affidavit with the London courthouse at 80 Dundas Street, either in person or through the Justice Services Online portal, and pay the filing fee.
How Much Does it Cost to Defend a Claim?
While the person suing you paid to start the case, you also have to pay government fees to defend yourself. Defending a lawsuit involves minimizing your financial exposure.
| Action / Service | Estimated Cost (CAD) | Details |
|---|---|---|
| Filing a Defence (Form 9A) | $73 | Mandatory government fee to file your response with the court. |
| Filing a Defendant’s Claim | $108 | Fee required if you decide to launch a counter-lawsuit against the plaintiff. |
| Consultation with a Paralegal | $150 – $300 | Meeting with a legal professional to review the claim and plan your strategy. |
| Paralegal Representation | $1,000 – $2,500+ | Cost to hire representation for drafting the defence and attending court dates. |
How Long Do You Have to Respond?
The timeline is absolute: you have 20 days from the date of service to file your Defence. ⏳ If you miss this deadline, the plaintiff can file a request to note you in default. Once you are noted in default, you are no longer allowed to file a defence or participate in the trial, and the judge will likely grant a Default Judgment ordering you to pay the full amount demanded.
Frequently Asked Questions (FAQ)
What happens if I cannot afford to pay the amount they are suing me for?
If you agree that you owe the money but simply cannot afford to pay it all at once, you can indicate this on your Defence form and propose a monthly payment plan. The judge will review your financial situation and may approve your schedule.
Do I have to hire a lawyer to defend myself?
No, you can represent yourself in Small Claims Court. However, the procedural rules can be highly confusing. Many defendants in London hire a licensed paralegal, as they are often more affordable than lawyers and specialize heavily in Small Claims matters.
Can I ask the court for more time to file my Defence?
You cannot simply call and ask for an extension. If you need more time, you should contact the plaintiff’s legal representative directly and ask for written consent to an extension. If they refuse, you would have to file a formal motion with the court, which costs time and money.
What is a Settlement Conference?
After you file your Defence, the court will schedule a mandatory Settlement Conference. This is a private meeting at the London courthouse where you, the plaintiff, and a judge sit down to discuss the evidence and attempt to negotiate a compromise before going to a full trial.
If I win, will the plaintiff pay my legal fees?
If you successfully defend the lawsuit and the judge dismisses their claim, you can ask for costs. The judge may order the plaintiff to reimburse you for a portion of your paralegal fees and out-of-pocket expenses, though it is rarely a 100% reimbursement.
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