What if I don’t agree with the defendant’s terms of payment?
The has 20 days to respond to your claim once you them by filling out a Defence.
If the defendant admits part or all of the claim, they are allowed to suggest terms of payment in their Defence. This means they can decide how much money they will pay you each week or month until they have paid the full amount.
If you don’t agree with the terms of payment, you have 20 days to ask for a terms of payment hearing where a judge will decide on fair terms of payment.
You may not agree with the terms of payment if:
- you think it will take too long to get the money you’re owed
- you think the weekly or monthly amounts are too small
- there is too much of a delay before you start getting the money you’re owed
If you don’t ask for this hearing in 20 days, you automatically accept the defendant’s terms of payment.
Ontario residents who speak French have the right to bilingual proceedings at Small Claims Court. You can ask for bilingual proceedings in your Plaintiff’s Claim or by filing a requisition form or a written statement.
You don’t need a lawyer or paralegal to go to Small Claims court. But you’ll probably understand the process better if you talk to a paralegal or lawyer.
If you earn a low income, you may be able to get legal help from Pro Bono Ontario. They offer services in some court locations in Toronto and Ottawa, and a legal advice hotline where you can get up to 30 minutes of free legal advice.