5. Go to your hearing

Small Claims Court usually holds terms of payment hearings by videoconference using Zoom. Read the court's tip sheet on remote hearings to help prepare for your hearing.

Be prepared to explain to the court why you don't agree with the defendant'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
• 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. Default judgement 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 the “After judgment” section of the Guide to procedures in Small Claims Court on the Ministry of the Attorney General website to learn more about how you can collect the money you're owed.