What if I don’t agree with the defendant’s terms of payment?
Question & AnswerWhat if I don’t agree with the defendant’s terms of payment?
5. Go to your hearing
Go to your terms and payment hearing early so that you have time to find the right courtroom.
The day's list of cases is usually posted on a board near the entrance to the court or outside the courtroom. If you have trouble finding it, ask for help at the court counter.
Be prepared to explain to the court why you don't agree with the 's terms of payment. Tell the court the terms of payment you want.
The court can order the defendant to pay you according to different terms of payment. The court can:
- raise each payment
- lower each payment
- change how often payments are made
The court decides terms of payment based on:
- the defendant's financial situation; and
- how you and the defendant have behaved over the course of your dispute.
If the defendant doesn't show up for the terms of payment hearing, you can ask the court for default judgment. This will be for the amount the defendant admits to owing you. This means they will owe you that amount right away. You should bring your Affidavit of Service to prove you served the defendant.
But, even if you win at Small Claims Court, the defendant might not pay you. It's up to you to collect the money once you have a court order.
You can also read After Judgment – Guide to Getting Results on the Ministry of the Attorney General website to learn more about how you can collect the money you're owed.