Unpaid Debt Ontario - Small Claims

Small Claims Court


The blog section is dedicated to helping people understand their rights and options when it comes to unpaid debt in Ontario. This includes information on the small claims process, as well as tips and advice on how to deal with creditors.

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What is Unpaid Debt?

Unpaid debt is any outstanding money that you owe to another person or organization. This could include things like credit card bills, medical bills, utility bills, personal loans, or even money owed to a friend or family member. If you don’t make arrangements to pay off your debt, the creditor can take legal action against you. This means that they can sue you and try to get a judgment against you for the unpaid debt. If they are successful, they can garnish your wages or put a lien on your property.

If you’re facing a legal action for unpaid debt, it’s important to understand your rights and options. You may be able to negotiate with the creditor to come up with a payment plan. Or, if you believe that the debt is not actually owed, you can defend yourself in court. Regardless of your situation, it’s important to take action and not simply ignore the problem. Otherwise, you could end up owing even more money in interest and fees.

Can I Claim Unpaid Debt in Small Claims Court?

If you’re owed money by an individual or business in Ontario, you may be able to file a claim in small claims court. The amount you can claim depends on the jurisdiction where you file your claim. In most cases, you can claim up to $35,000, but there are some exceptions.

Before filing a claim, you should first try to resolve the issue with the person or business you’re owed money by. If that isn’t possible, or if they don’t respond to your attempts to contact them, then filing a small claims court action may be your best option.

To start your claim, you’ll need to fill out some paperwork and file it with the court. Once your claim is filed, the other party is served and will have to file a defense. After both the claim and defense have been filed, the court will send a notice to the person or business you’re claiming against (the defendant). The notice will tell them when and where they need to appear for their small claims court settlement conference hearing.

At the hearing, both sides will have a chance to present their case and argue why they should win. The judge will then make a decision and order the defendant to pay you if they find in your favour.

If you are thinking about filing a claim in Small Claims Court, you should first try to resolve the issue with the person or business you are claiming against. If you are unable to reach an agreement, you can then decide whether or not to file a claim.

Before filing a claim, you should be aware of the following:

– The amount of money you are claiming must be within the Small Claims Court limit, which is currently $35,000.
– You must file your claim within the time limit set out by law

Suing for unpaid debt can be complex, so it is important to get advice from an experienced small claims lawyer before proceeding.

How Long Does it Take to Get Paid After Winning an Unpaid Debt Case in Small Claims Court?

If you’re owed money and you win your case in Ontario small claims court, you may be wondering how long it will take to actually get paid. Unfortunately, there is no simple answer to this question.

The first thing to keep in mind is that the court does not have the power to force the person who owes you money to pay up. All the court can do is give you a judgment that says the other person owes you a certain amount of money.

Once you have a judgment, there are a few different ways to try to get the money that you’re owed. You can try to negotiate with the other person or ask them to set up a payment plan. If they agree to pay but then don’t follow through, you can take them back to court and ask the judge to order them to pay.

Another option is to hire a collection agency. They will typically charge a percentage of what they’re able to collect, so make sure you understand their fee structure before hiring them.


If you’ve been unable to reach an agreement with your creditor about repaying your debt, and you’re located in Ontario, you may be able to file a small claims lawsuit. This type of lawsuit can be filed for any unpaid debt that is less than $35,000. While it’s not guaranteed that you’ll win your case, it’s worth considering if you feel like you have no other options. You should get some legal advice from a qualified lawyer to best assess your case

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