Small Claims Court forms, explained
Each form below has a plain-language page: what it is for, who uses it, when, and what to have ready before you start.
Serving and answering a claim
Proving the papers were delivered, and responding when you are sued.
When no Defence is filed
Steps when the other side does not answer, or when you missed your deadline.
After a judgment
Collecting your money if the other side does not pay, or dealing with a judgment against you.
- Asking the debtor questions about their moneyForm 20H: Notice of ExaminationRequires the debtor to come to an examination hearing and answer questions under oath about their income, property and debts.
- The court's order to take a person to jail after a contempt hearingForm 20J: Warrant of CommittalThe court's own warrant, directed to all police officers in Ontario, to find the person named in it and bring them promptly to the nearest correctional institution. It stays in force for 12 months and the creditor can ask the court to renew it.
- Helping the police find a person named in a warrantForm 20K: Identification FormGives the police details that help them find the person named in a warrant of committal, such as a description and where they may be. Filing it does not start anything by itself.
- Swearing what you are still owed, to ask the court to enforce your judgmentForm 20P: Affidavit for Enforcement RequestA sworn statement of the judgment: its date, the amount awarded, the court location, the payments received and the amount still owing. The clerk needs it before issuing a certificate of judgment (Form 20A), a writ of seizure and sale (Form 20C or 20D), a writ of delivery (Form 20B), a notice of garnishment or its renewal (Form 20E or 20E.1), or a notice of examination (Form 20H).
Other forms
Forms used at more than one point in a case.
- Adding more plaintiffs or defendantsForm 1A: Additional PartiesLists every extra plaintiff or defendant when there are more than the main claim or defence form has room for.
- Asking to attend a hearing a different wayForm 1B: Request to Change Attendance MethodAsks the court to let you, or others, attend a hearing in a different way than the one set, for example by video instead of in person. Steps can be held in person or by video. A settlement conference, motion, terms of payment hearing or trial management conference can also be held by telephone (Rule 1.07(1)). Serve and file the request at least 30 days before the hearing date (Rule 1.07(4)).
- Starting a Small Claims caseForm 7A: Plaintiff's ClaimStarts your case. It names the parties, says how much you are claiming and why, and is filed with your Schedule A and supporting documents.
- Proving you served a documentForm 8A: Affidavit of ServiceA sworn or affirmed statement that proves a document was served: who received it, what it was, and when, where and how it was delivered.
- Responding to a claim against youForm 9A: DefenceYour written answer to a Plaintiff's Claim. You can dispute the whole claim, admit part of it, or admit it and propose payment terms.
- Asking the clerk to take a stepForm 9B: Request to ClerkAsks the clerk to take an action in your case, such as noting a defendant in default or recording that you dispute proposed payment terms.
- Making a claim of your own as a defendantForm 10A: Defendant's ClaimLets a defendant make a claim in the same case, against the plaintiff or another person who should pay part of what is claimed.
- Getting judgment when no Defence is filedForm 11B: Default JudgmentAsks the clerk for judgment against a defendant who was noted in default, when the claim is for a debt or fixed amount (Rule 11.02).
- Listing your witnesses for the settlement conferenceForm 13A: List of Proposed WitnessesTells the court and the other parties who you may call as a witness, so everyone can prepare.
- Agreeing in writing to something in your caseForm 13B: ConsentRecords, in writing and signed, what the parties agree to. A consent signed by the parties. Under an order for periodic payment, the creditor files it to waive a missed payment so the order does not end (Rule 20.02(4)). The payment proposal rule, Rule 9.03(2), does not name this form, so check with the court office before relying on it there. It is also the consent that lets a judge give final judgment at a settlement conference when the amount is under the appeal limit (Rule 13.05(4)).
- Making a formal offer to end the caseForm 14A: Offer to SettleSets out, in writing, the terms on which you would settle the case. A formal offer can affect costs later.
- Making a witness come to courtForm 18A: Summons to WitnessOrders a person to come to court and give evidence at trial.
- Moving a judgment to another court locationForm 20A: Certificate of JudgmentConfirms the judgment so it can be enforced in another Small Claims Court location, for example where the debtor lives. You ask the clerk for it with an Affidavit for Enforcement Request (Form 20P) stating the amount still owing, and the clerk issues it to the court location you name (Rule 20.04).
- Ask to have your property returnedForm 20B: Writ of DeliveryEnforces an order for the delivery of personal property. The clerk issues it to a bailiff at the request of the person the order favours, supported by that person's affidavit stating the property has not been delivered (Rule 20.05(1)). The court's Affidavit for Enforcement Request (Form 20P) has a section for this request.
- Seizing and selling the debtor's belongingsForm 20C: Writ of Seizure and Sale of Personal PropertyPart of the writ of seizure and sale process. It lets an enforcement office seize and sell a debtor's personal property to pay a judgment.
- Placing a claim against the debtor's landForm 20D: Writ of Seizure and Sale of LandPart of the writ of seizure and sale process. It is the writ used against land the debtor owns. You ask the clerk to issue it and file an Affidavit for Enforcement Request (Form 20P) stating the amount still owing. The clerk issues it to the sheriff you name (Rule 20.07(1)). It lasts six years and can be renewed with Form 20N (Rule 20.07(3), (4)). If the judgment is more than six years old, you need the court's permission first (Rule 20.07(1.1)).
- Collecting from the debtor's wages or bank accountForm 20E: Notice of GarnishmentTells a third party who owes the debtor money, such as an employer or a bank, to pay part of it to the court to pay down the judgment.
- Telling the defendant they missed a paymentForm 20L: Notice of Default of PaymentTells a defendant that they missed a payment under their proposal and that judgment for the unpaid balance can follow in 15 days.
- Swearing the defendant missed a payment, to ask for judgmentForm 20M: Affidavit of Default of PaymentA sworn statement that the defendant did not pay as agreed, how much was paid and the unpaid balance, filed so the clerk can sign judgment for that balance.
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