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How to respond to a small claim

If you are responding to a claim at the Small Claims Tribunals, find out more about the claim and the different ways you can respond.

What you need to do

After you receive a Notice of Consultation for a Small Claims Tribunals (SCT) case, take note of the date, time and venue on the notice. You must attend this consultation in court.

Note: If you do not turn up, the SCT can still make an order against you, such as a default order.

It is in your best interests to log in to the Community Justice and Tribunals System (CJTS) to find out more about the claim.

How to find out more about the claim

Log in to CJTS. Key in the one-time reference number found in the Notice of Consultation. Read the case details carefully to understand the claim made against you. You can also file applications, check for court dates and monitor the progress of the case.

Tip

Options you can take

You are the respondent. The party who filed the claim is the claimant.

You can respond to the claim in one of the following ways:

Admitting to a claim against you means you agree with it and do not dispute it.

Log in to CJTS, choose the appropriate SCT claim number and select a checkbox to admit the claim.

You must attend the consultation and make your request with supporting documents if you wish to do any of the following:

Admit only part of the claim and dispute the rest.
Admit the full claim but pay in instalments.

Disputing the claim means you do not agree with it. You must attend the consultation, otherwise, the court may make a default order in your absence.

If you also have an eligible claim against the claimant, you may file a counterclaim against the claimant in the same claim. You must file at least 3 days before the scheduled consultation.

The requirements of filing a counterclaim are the same as filing a claim. You will need to take a pre-filing assessment and serve the claim on the other party.

Before you file a counterclaim

Before you file, make sure you:

Check that your case is eligible and take a pre-filing assessment.
Know the possible orders the SCT can make.
Know that you must pay filing fees of $20.
Know that you must serve the counterclaim.

How to file a counterclaim

Log in to CJTS. Under the Online Applications tab, select Counterclaim Form and follow the instructions.

For detailed instructions, refer to the CJTS user guide for small claims (PDF, 4.41 MB).

You are the counterclaimant. The other party is the respondent in the counterclaim.

You must serve the counterclaim on the respondent and upload the Declaration of Service.

Note: Regardless of how you choose to respond, you may try to settle the dispute online through eNegotiation or eMediation, before attending court.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more