I’ve been noted in default at Small Claims Court. What can I do?
Question & AnswerI’ve been noted in default at Small Claims Court. What can I do?
3. Serve the other parties
You must give everyone involved in your court case copies of your Notice of Motion and Supporting Affidavit, and exhibits. You need to all:
- plaintiffs, which includes each person suing you
- defendants, which includes any other person being sued with you
When you do this in a way that follows the court's rules, it's called serving the documents. This tells the other people in your case what you're doing and why. And it gives them a chance to respond.
You don't have to serve defendants who have been noted in default. Because they didn't file a Defence in time, they aren't allowed take part in the court case.
You must serve your documents at least 7 days before your motion date. If you can't get this done in time, contact the court office and ask what to do next.
Serve your documents
You can serve your documents in person or hire a .
A process server is someone you can hire to serve documents to another person for you. To find a process server in your area, go to www.canada411.ca and search for “process server”.
You can also serve by or courier. Keep a copy of the mail or courier slip as proof that the documents have been served.
If the is a company, you must serve a manager at the place where they run their business. Get the name of the person you served, and make a note of the date and time they were served.
Some people refuse to take the documents. If this happens, the documents can be dropped on the floor in front of them. This counts as serving them.
The Guide to Serving Documents explains the rules that must be followed.
Complete the Affidavit of Service
The person who serves the documents must complete an Affidavit of Service. This proves to the court that the documents were served on all the parties in your court case.
The Affidavit of Service includes information about:
- the date and time the Notice was served
- where it was served
- the first and last name of the person it was given to
- whether it was served in person, by courier, or by registered mail
The person who completes the Affidavit of Service must swear or affirm it is true. This means they promise that the information in the document is correct. They do this by signing the Affidavit in front of someone who has the authority to supervise an or .
Court clerks at the Small Claims Court can do this for free. Lawyers, paralegals, and individuals called commissioners of affidavits can also do this, but they usually charge a fee.