What to do if you have received a Plaintiff’s Claim in Mississauga

Share This Post

Share on facebook
Share on linkedin
Share on twitter
Share on email

KPA Lawyers - April 28, 2019

If you have received (been “served” with) a Plaintiff’s Claim in Mississauga, you should contact a lawyer immediately. A Plaintiff’s Claim is a document, known as an “originating process” that commences a lawsuit in Ontario’s Small Claims Court. It is only used in cases that involve less than $25,000. It is not used for cases that involve more than $25,000, which are heard in the Superior Court of Justice (the equivalent document in Superior Court is called a Statement of Claim).

If you have been named as a Defendant, it means you have been sued. You can check if you’ve been named as a Defendant by reading the front page of the Plaintiff’s Claim. If you live in Mississauga, then the relevant courthouse where your case will most likely be heard is the Brampton Small Claims Court.

The Plaintiff’s Claim will look like this (click here).

In Ontario, Defendants have 20 days to give a Defence to the Plaintiff or the Plaintiff’s lawyer, and file a copy of the Defence in Court. Giving a copy of a document to the other side is called “service”, and giving a copy to the Court is called “filing”. These are formal Court documents, and they must be prepared using the appropriate forms.

Do not attempt to prepare these documents yourself, as you will most likely prepare them incorrectly, which could result in financial consequences or losing your case.

If you fail to serve and file a Defence within the deadline, the Plaintiff can note you in “default” of the lawsuit, and you will lose your right to defend yourself. You will then be ordered to pay money to the Plaintiff, which can be enforced through the sheriff’s office. The sheriff’s office can enforce Court judgments by seizing your assets, such as your home, and freezing your bank accounts.

However, your lawyer can help you file a strong Defence and gather the relevant evidence. The Plaintiff must prove his or her case against you, and there are many rules that must be followed. If you and your lawyer successfully defend the case against you, the Plaintiff can be ordered to pay for some or possibly all of your legal costs.

The lawyers at KPA have experience representing both Plaintiffs and Defendants in Superior Court. Contact us for consultation to discuss your options.

#smallclaimscourt #plaintiffsclaim #form7a

More To Explore

What to do if a seller doesn’t close a home sale in Ontario

In the real estate market, things can get tricky due to the substantial number of unknowns. Prices of property and homes can fluctuate relentlessly which can cause trouble in other areas of real estate. Sometimes, this can cause sellers, or purchasers to back out of a sale and leave the other party with nothing. If a seller has backed out of the sale without

Changes In Family Law: How Does It Impact You?

KPA Lawyers – August 23, 2021   The Canada Divorce Act changes took effect in March 2021. The changes came with significant adjustments in the divorce, parenting, and family obligations. The new changes are just receiving major updates since the last 20 years. The legislation attempts to make family laws simpler, accessible, and more efficient. It will also make family law more responsive to

Do You Want To meet the team behind KPA?

Contact a lawyer in a matter of seconds!