I bought something from a door-to-door salesperson but I never got it. What can I do?
Question & AnswerI bought something from a door-to-door salesperson but I never got it. What can I do?
Go to Small Claims Court
If the Ministry is not able to help you, or if your claim is for $35,000 or less, you might want to sue the seller in Small Claims Court. You must file your claim within 2 years of when you first knew about the problem.
If you want to sue for more than $35,000, you have to do this in Superior Court. It's very hard to do this without a lawyer. If you want to sue in Superior Court, you should try to get legal help. If you still want to sue in , you can waive the amount that is over $35,000. For example, if you are owed $40,000, you can waive your right to $5,000 and sue in Small Claims Court for $35,000.
The Ministry of the Attorney General website has a self-help guide for Small Claims Court.
In Small Claims Court you have a chance to tell your story to a judge and present your evidence. The seller will also have a chance to tell their story.
You don't need a lawyer to represent you in Small Claims Court. But talking to a lawyer or paralegal can help you understand the court process. If you have a low income, you might be able to get help from Pro Bono Ontario.
But. there are some reasons why you might not want to sue in court, including:
- you have to pay court fees
- if you lose, the court could order you to pay some of the seller's legal costs
- the process can be complicated, especially if you don't have a lawyer
- it can take a year or more
- if you win but the seller doesn't pay, you have to try to collect the money on your own