Sections marked as location-specific are showing the position in Ontario. Rules change — confirm current deadlines before relying on them.
What should I do first?
Being served means a claim has formally started against you and a clock is now running. The single most important thing today is the deadline to file a response — missing it can let the other side obtain judgment by default, without the merits ever being looked at. Responding does not mean agreeing; it preserves your ability to defend, negotiate or bring a claim of your own.
- Find the deadline first, before deciding anything else.
- Responding is not an admission — it keeps your options open.
- Preserve documents and messages immediately; deleting anything makes things worse.
What you were actually served with
Not everything that arrives looking official starts a court case. Before anything else, work out which of these you are holding, because the consequences of ignoring each are very different.
| Document | What it means | Is a clock running? |
|---|---|---|
| A court claim | A case has been formally started against you | Yes — a fixed response period |
| A demand letter | A private request backed by a threat to sue | Only the sender's own deadline |
| A tribunal or board notice | An administrative process, not a court | Usually yes, and often shorter |
| A collection letter | A private business asking for payment | No court deadline yet |
The deadline in OntarioOntario
In the Superior Court of Justice, a claim is a Statement of Claim and the response is a Statement of Defence. In the Small Claims Court, the claim is a Plaintiff's Claim and the response is a Defence. The two tracks have different response periods, and periods can be longer where you were served outside Ontario.
- Check the cover page of the claim: it states the time to respond and where to file.
- Filing a Notice of Intent to Defend, where available, can extend the time to deliver a defence.
- Deadlines are counted from service, and the method of service affects when service is treated as complete.
What happens if you do nothing
In most courts, if no response is filed in time, the other side can ask for judgment by default. The court does not weigh whether the claim is fair — it can be granted because you did not answer.
- A judgment can be entered for the amount claimed, plus interest and costs.
- Enforcement can follow: garnishment of wages or accounts, liens, seizure.
- Judgments can be reported and can affect credit and future borrowing.
- Setting a default judgment aside is possible in some cases, but it is slower, costlier and never guaranteed.
Reading an Ontario claimOntario
A Statement of Claim sets out the relief sought and numbered paragraphs of alleged facts. A Statement of Defence responds paragraph by paragraph — admitting, denying, or stating no knowledge — so working through the claim in that structure now saves work later.
- Note whether it is issued in the Superior Court of Justice or the Small Claims Court.
- Check the monetary claim against the Small Claims Court limit; that drives the process and the costs exposure.
- A Defendant's Claim is the Small Claims route for a claim of your own arising from the same events.
Your realistic responses
| Route | When it tends to fit | Trade-off |
|---|---|---|
| Defend in full | You dispute the core facts or the amount | Time and cost, but preserves everything |
| Admit part, dispute the rest | Some of it is genuinely owed | Narrows the fight, may speed settlement |
| Settle | The cost of fighting exceeds the exposure | May still require a filed response first |
| Counterclaim | You have a claim from the same events | Usually must be raised with your response |
| Dispute the forum | Wrong court, wrong country, or a contract says otherwise | Technical and usually time-limited |
Filing a response and negotiating are not alternatives. In most cases you file to protect the deadline and negotiate in parallel.
Do you also have a claim of your own?
Many disputes look one-sided only because one party filed first. If the same events left you out of pocket — unpaid work, damage, a broken agreement — that may belong in the same proceeding as a counterclaim.
What to preserve immediately
- Stop any automatic deletion of email, chat or phone messages.
- Keep the envelope, courier record or email showing when and how you were served.
- Collect contracts, invoices, quotes and receipts relating to the dispute.
- Write your own timeline of events now, while it is fresh.
Whether you need representation
Self-representation is common in lower-value claims and small claims processes. It becomes harder as the amount, the paperwork and the procedural steps increase.
- Check whether an insurance policy covers defence costs — home, motor, business and professional policies often do.
- Check whether an employer or a contract requires someone else to defend or indemnify you.
- Ask about limited-scope help: advice on the response only, rather than full representation.
Have these to hand
- The claim document and everything served with it
- Proof of when and how you were served
- Any contract or agreement between you and the other side
- Invoices, receipts, statements or payment records
- Correspondence before the claim, including any demand letter
- Any insurance policy that may cover the dispute
What tends to matter
- A dated timeline of events written by you
- Written communications rather than recollections of calls
- Records showing what was agreed and what was delivered
- Evidence of payments made or received
- Names of anyone who saw or was part of the key events
Want both lists in one printable page?
Common mistakes
- Assuming a weak-looking claim can be ignored
- Missing the response deadline while trying to negotiate
- Replying at length to the other side before understanding the claim
- Deleting messages or documents connected to the dispute
- Overlooking a counterclaim that must be raised with the response
- Not checking whether an insurer is obliged to defend it
Frequently asked
Can I ignore it if I think the claim is wrong?
No. Courts can grant judgment by default when nobody responds, and the strength of the claim is not examined at that point. Disputing it requires responding to it.
How long do I have to respond?
It depends on the court, the claim type and sometimes where you were served. The period is stated on the claim document, and it runs from service rather than from when you opened it.
What if I was served at the wrong address or by email?
How service was carried out can matter, and improper service is sometimes challengeable. That is a separate argument from the merits, and it is usually raised early rather than used as a reason to stay silent.
Does responding mean I admit something?
No. A response sets out what you accept and what you dispute. Filing one preserves your position rather than conceding it.
Can I still settle after being served?
Yes, and many cases settle after filing. Filing on time protects you while the discussion happens.
Do I need a lawyer to file a defence?
Not always. Small claims processes are designed for self-representation. The higher the value and the more procedural steps involved, the more advice tends to pay for itself.
Assess where you stand as the responding party
Describe what you were served with and what the dispute is about. Concaso will classify the problem and read your position as the party defending it.
Assess my positionTopics in this guide
Related guides
Recommended next read
Received a demand letter
A demand letter is not a court claim. What it actually means, whether to reply, what a reply can cost you, which deadlines are real, and what to gather.
Recommended next read
Do I Have a Case?
How to tell the difference between something that went badly and something the legal system can actually do something about — and what to check before you spend money finding out.
Recommended next read
Small Claims Court
How simplified courts work, what they are good for, and how to prepare a claim or a defence without a lawyer.
Recommended next read
Do I Need a Lawyer?
When representation earns its cost, when a limited-scope arrangement is enough, and when handling something yourself is genuinely reasonable — with the warning signs that mean get advice now.
Getting legal help
Worried about the cost of a lawyer?
Free and lower-cost help exists in most places — legal aid, community clinics, court self-help services and referral schemes. What is open to you depends on where you are and what kind of problem you have.
See where to get legal helpThis guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.