Court papers are scary. Take a breath.
In Ontario you usually have 20 days to respond to a Small Claims debt lawsuit. Ignoring it is the real danger — but being sued doesn't mean you owe it. Here's how to protect yourself.
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In 30 seconds, here's what's true
- You have 20 calendar days after being served to file a Defence (Form 9A). Not 30. If you were served outside Ontario, it's 40 days.
- Ignore it and the other side can get a default judgment — then garnish your wages or bank account. Responding is what protects you.
- Being sued is not proof you owe the money. The other side must prove the debt and the amount. Debt buyers who bought the account often can't prove they own it.
- Filing your defence (Form 9A) has no court filing fee. If you also want to make your own claim against them, that's a separate form with a fee — and fee waivers exist.
- Many debts can't be sued on after two years. It can be a complete defence — but you must raise it, and making a payment or admitting the debt in writing can reset the clock.
How the process works
Find your deadline
Count 20 calendar days from the day you were served. Mark it everywhere. This is the single most important date — missing it is how people lose without ever being heard.
Read the claim closely
What debt is it? What amount? Who is suing — the original lender, or a collection company that bought the debt? Note anything that looks wrong: an amount you don't recognize, a debt that isn't yours, or one you already paid.
Decide how to respond
On the Defence (Form 9A) you can dispute the claim, admit part of it, or admit it and propose a payment plan. You can also put the other side to proof — making them prove they own the debt and that the amount is right.
File your Defence (Form 9A)
File online or in person at the court named on the claim, then serve a copy on the other side. There's no fee to file a defence. Keep your stamped copy and proof of service.
Get free advice fast
Call Pro Bono Ontario's free hotline at 1-855-255-7256 for up to 30 minutes of free civil legal advice. After a defence, there's a mandatory settlement conference — and most cases settle there.
What to do next
- Write down the exact date you were served and count 20 calendar days from it.
- Read every page of the Plaintiff's Claim (Form 7A).
- Note who is suing — the original creditor, or a debt buyer.
- Gather your proof: payment records, statements, letters, and dates.
- Ask: is this debt over two years old — and did I pay or admit it in writing recently?
- Call Pro Bono Ontario (1-855-255-7256) for free advice before you file.
- Prepare and file your Defence (Form 9A) before day 20.
- Start a free PLAIN session to organize your defence and your deadline.
Common myths
| Myth | Reality |
|---|---|
| If I ignore it, it'll go away. | The opposite. Ignoring it lets the other side get a default judgment against you — which can lead to wage or bank garnishment. |
| I have 30 days to respond. | In Ontario Small Claims Court it's 20 calendar days from when you were served (40 if served outside Ontario). |
| They're suing me, so I must owe it. | No. The other side has to prove the debt and the amount. A company that bought the debt often can't prove it even owns the account. |
| The debt is too old, so they can't touch me. | Maybe — there's a two-year limit to sue. But it only helps if you raise it as a defence, and a recent payment or written admission can reset the clock. |
| I can't afford a lawyer, so I'm stuck. | There's a free advice hotline (Pro Bono Ontario, 1-855-255-7256), fee waivers, payment proposals, and community legal clinics. You have options. |
| A default judgment can never be undone. | It can sometimes be set aside on a motion — if you show a reasonable explanation for missing the deadline and a real defence. |
| There's a fee to defend myself, and I can't pay it. | Filing a defence (Form 9A) has no court fee. Don't let a cost you don't actually owe stop you from responding. |
| They can't garnish my pay. | If they get a judgment and you don't pay, they can ask the court to garnish your wages or bank account. That's why responding on time matters. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with a licensed professional.
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