1. Decide whether to accept

If the admits part or all of the claim, they can 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.

You agree

If you agree with the terms of payment, you don’t have to take any other steps. The defendant has to pay you according to the schedule they proposed.

If the defendant doesn’t pay, you can fill out a Notice of Default of Payment and it on the defendant. Small Claims Court forms are available at the courthouse and online.

If the defendant doesn’t make arrangements to pay you within 15 days of being served with the Notice, you can fill out an Affidavit of Default Payment. Attach a copy of the Notice of Default Payment. In your affidavit, say:

  • the defendant didn’t make the payments they said they would, as set out in their Defence
  • you served the defendant with a Notice of Default of Payment and 15 days have passed
  • the amount of money owing

You must serve the Affidavit of Default Payment on the defendant. You must also file the Affidavit of Default Payment, Notice of Default of Payment, and Affidavit of Service with the court. The will sign a judgment for the amount owing.

You don’t agree

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, it’s as if you accept the defendant’s terms of payment.

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