1. What Are Small Claims Court Forms in Ontario?
Small Claims Court forms are official documents required to file, respond to, and manage cases in Ontario’s Small Claims Court. These forms streamline the process of resolving disputes involving monetary claims of $35,000 or less.
2. Key Small Claims Court Forms in Ontario
Here are the most commonly used forms for Small Claims Court in Ontario:
A. Filing a Claim
- Plaintiff’s Claim (Form 7A)
- Used to start a small claims case.
- Includes details of the plaintiff, defendant, and the reason for the claim.
- Affidavit of Service (Form 8A)
- Confirms that the defendant has been served with the claim.
B. Responding to a Claim
- Defence (Form 9A)
- Filed by the defendant to respond to the claim.
- Includes details about why the defendant disputes the claim.
- Defendant’s Claim (Form 10A)
- Used when the defendant has a counterclaim against the plaintiff.
C. Post-Judgment Forms
- Notice of Garnishment (Form 20E)
- Used to enforce a judgment by garnishing the debtor’s wages or bank account.
- Writ of Seizure and Sale of Personal Property (Form 20B)
- Allows a creditor to seize and sell a debtor’s personal property to recover the judgment amount.
D. General Forms
- Consent to Act as Litigation Guardian (Form 4A)
- Filed when a minor or incapable person requires representation in court.
- Request to Clerk (Form 9B)
- Used to request specific actions from the court clerk, such as scheduling a trial.
3. Where to Obtain Ontario Small Claims Court Forms
- Online: All forms are available for download on the Ontario Courts website.
- In Person: Visit your local Small Claims Court office to obtain printed copies.
4. Steps to Complete and File Small Claims Court Forms
Step 1: Download or Collect Forms
- Access the appropriate forms online or from the courthouse.
Step 2: Complete the Forms Accurately
- Fill in all required fields, including names, addresses, and claim details.
- Provide supporting documents like contracts, invoices, or photographs.
Step 3: File the Forms with the Court
- Submit the forms to the Small Claims Court office in the jurisdiction where:
- The defendant resides or does business.
- The dispute occurred.
- Pay the filing fee (varies by claim amount).
Step 4: Serve the Defendant
- Serve the defendant with a copy of the claim using:
- Personal Service: Delivered directly to the defendant.
- Registered Mail: Sent to the defendant’s address.
Step 5: File the Affidavit of Service (Form 8A)
- Submit proof that the defendant has been served to the court.
5. Filing Fees for Small Claims Court Forms
| Service | Fee |
|---|---|
| Filing a Plaintiff’s Claim | $102 |
| Filing a Defence | $73 |
| Scheduling a Trial | $290 |
6. Tips for Successfully Filing Small Claims Court Forms
- Use the Correct Form: Double-check that you are using the right form for your purpose.
- Fill Out Forms Completely: Avoid delays by ensuring all required sections are complete.
- Provide Supporting Documents: Attach clear and legible copies of contracts, receipts, or evidence.
- Follow Deadlines: File forms and serve documents within the court’s required timeframes.
- Keep Copies: Retain copies of all filed forms for your records.
Frequently Asked Questions (FAQs)
1. Where can I download Ontario Small Claims Court forms?
Forms can be downloaded from the Ontario Courts website or obtained at your local Small Claims Court office.
2. How much does it cost to file a claim in Ontario Small Claims Court?
The filing fee is $102, with additional costs for trial scheduling and enforcement actions.
3. Can I file Small Claims Court forms online in Ontario?
Yes, some forms can be filed online through the Civil Claims Online Filing Service.
4. What is the monetary limit for Small Claims Court in Ontario?
The maximum claim amount is $35,000, excluding court costs and interest.
5. Do I need a lawyer to file Small Claims Court forms?
No, Small Claims Court is designed for self-representation, though legal advice may be helpful.
6. What happens if I file the wrong form?
Filing the incorrect form may result in delays or dismissal. Ensure you use the appropriate form for your case.
Conclusion
Ontario Small Claims Court forms are essential tools for resolving disputes efficiently and affordably. Whether you are filing a claim, responding to one, or enforcing a judgment, understanding the forms and their purposes ensures a smooth process. For more information, visit the Ontario Courts website or contact your local Small Claims Court.