Being sued in Small Claims Court

Have you been served with a Plaintiff’s Claim in a Small Claims Court lawsuit with you named as the defendant? This means you are being sued. 


A notice of claim may be handed to you personally by the party suing you or by another person; it can also be sent to you by registered mail in some cases.

Once you receive the notice, never throw it out. If you do not take action, the other party can get a judgment against you, just as if there had been a trial and they had won.

Legally you must reply to the claim within 30 days. You should respond by filing a Defense with the court.

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Make An Agreement Before Going To Small Claims Court

If you admit the claim, you can contact the party suing you or their lawyer directly and speak with them. You can pay the amount claimed to the plaintiff directly or to their lawyer.


Alternatively, you and the other party might make some arrangements that work out well for the both of you. For example, they may agree to accept a reduced amount or a payment plan. If so, the other party can file a consent order or a payment order with the court, and the lawsuit will end.

Fight The Small Claims Court Issue

If you feel you are not at fault in this legal issue, you can fight the small claims court lawsuit yourself or hire a small claims court lawyer with experience regarding this matter. Yes, you may save money by filing your defense and acting on your behalf, but it would not be advised if you do not have the background knowledge on how small claims court operates in the filing of papers and the legal battle during a trial. 

Most lawyers in Toronto will give you a free consultation and hear your side of the story. During the consultation, they will advise you on what they think maybe the best path for you to win your case. They would also be upfront with you in their fees if you were to hire them to represent you in small claims court. 

Thinking of Ignoring the Claim All Together?

Do not do this at all. As mentioned above, if you receive a Plaintiff Claim and do absolutely nothing, the other party can get a full judgment against you. This would be called a default order. The judge would decide the amount you are liable for paying. 

Can I Counter-Sue The Person Suing Me?

Yes, if you believe you are not at fault and have your claims against the other party suing you, you have the legal right to file a counterclaim against this person. Your small claims court lawyer would best know how to do this for you. 

Small Claims Court Lawyer Near Me

Legal Solutions Law Firm specializes in small claims court matters for both sides, the defendant and the plaintiff. Suppose you find yourself in a legal battle that will take place in small claims court, contact us today for a free 30-minute consultation. We are here to listen and guide you. 


Small Claims Court Hotline 24/7 416-320-2020

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