2. File a Defendant’s Claim
Question & Answer
I’m being sued by someone in Small Claims Court. What should I do?You might want to do more than a Defence when a claim is made against you. You might want to make a new claim of your own. This is called a “Defendant's Claim” or a “counterclaim“.
You can make a Defendant's Claim if you think:
- the should have to pay you for something they did
- you think someone else is responsible for the plaintiff's loss
For example, you may want to file a claim if:
- the plaintiff hasn't paid the bill for a service you provided
- the plaintiff is suing you for breaking something that you think another person broke
Filing a Defendant's Claim is not the same as defending yourself against a claim made by a plaintiff.
Filing a Defendant’s Claim
If you want to make a claim, you must and file your claim within 20 days of filing your Defence.
Complete a Form 10A: Defendant’s Claim. Then file the claim:
- online, using the Small Claims Court Submissions Online portal, or
- in person at the court office where the original claim was filed
Include any supporting documents with your claim. If you file in person, the court will stamp the claim and return it to you.
Serving the documents
After you file your Defendant's Claim, you must serve a copy on each person you're suing. The people you're suing are called the defendants to the defendant's claim. You can serve your documents in person, by , or by courier.
Once you've served the documents, complete an Affidavit of Service for each person who was served. File the affidavits with the court.
There is a $108 fee to file a Defendant's Claim. If you can't afford to pay the fee, you can ask the court for a fee waiver form.