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Ontario|Small Claims CourtDefending a Lawsuit 544 What to do if you receive a Statement of Claim If someone thinks you have violated their legal rights and caused them a loss, or believes that you owe them money, they can sue you. To start a lawsuit, the person suing you is required to prepare formal documents which are stamped by the Court and delivered to you. If you receive a Statement of Claim from Small Claims Court, it means that someone is suing you for the reasons stated on the forms. The person or business suing you is called the plaintiff, and you are the defendant. How you respond to these forms will affect whether the person suing you can collect the money that they claim.
- Defending a Statement of Claim
First, do not ignore a Statement of Claim. If you do not respond to a Statement of Claim, the plaintiff may win the case automatically. Second, you should read all the papers you receive very carefully, to find out what the lawsuit is about, and how long you have to respond.
If you do not agree with all or part of what is stated in the Statement of Claim, you can fight the lawsuit. To fight a lawsuit, you must fill out a special form called a Statement of Defence. This form is available at the Small Claims Court office. There are time limits for responding to the Claim that has been made against you. Usually, your Statement of Defence must be filled out and filed at the Small Claims Court office no later than 20 days after you receive the Statement of Claim.
For additional information about completing and filing a Statement of Defence, refer to other sections of Legal Line , or contact the staff at the Small Claims Court, or speak with a lawyer.
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