What to do if you got sued
Legal fees can be exorbitant, and if you're low on funds, don't worry—you can manage this on your own because handling a lawsuit isn't as complex as it might seem. So, you've been sued. Perhaps a business agreement went awry, or there was a misunderstanding with a neighbor. Whatever the cause, you're now facing a lawsuit, and the thought of hiring a lawyer is making your wallet weep. Fear not, intrepid defendant, I’ve got you covered! Here’s your step-by-step guide to navigating a lawsuit in Ontario, all by yourself.
Step 1: Don’t Panic
Take a deep breath! Getting sued can be stressful, but panicking won’t help. Stay calm and read through the documents you’ve received. There is a high probability that a professional server appeared at your doorstep and gave you something called Statement of Claim. Essentially, that means that you just got sued. Carefully go over every page to understand the nature of the lawsuit and what is being claimed against you.
Step 2: Understand the Statement of Claim
The documents you’ve received and a Statement of Claim that you received typically outline the following:
Who is suing you: The Plaintiff, their name and address.
What they are suing you for: The basis of their claim, such as breach of contract, property damage, personal injury, or anything “bad” or “illegal” that you might do against the Plaintiff.
How much they are suing you for: The amount of money they are seeking, also known as the damages. Sometimes it can be a significant amount. For example, personal injuries claims are typically for $1,000,000. However, don’t be afraid! You’ll handle it like a pro!
Read the Statement of Claim carefully. Understanding these details is crucial as it helps you prepare your response and defense.
Step 3: Check the Deadline to Respond
You need to respond to the lawsuit within a specific time frame, known as the limitation period. Here’s how it breaks down:
If you were served in Ontario: You have 20 calendar days to respond.
If you were served outside Ontario but within Canada or the United States: You have 40 calendar days to respond.
If you were served outside Canada and the United States: You have 60 calendar days to respond.
Failure to respond within these time limits can result in a default judgment against you, meaning the court could decide in the plaintiff's favor automatically without even hearing your side of the story. You don’t want that! In case of the default judgment, you will have to pay damages that the plaintiff is claiming against you. Unless you are as rich as Elon Musk, make sure to respond to the claim by serving the Plaintiff’s lawyer, whose contact information will be on a letter accompanying Statement of Claim, with either Notice of Intent to Defend or Statement of Defence.
Step 4: Notice of Intent to Defend
In Ontario, if you need more time to prepare a Statement of Defence (more than 20 days), you can use a Notice of Intent to Defend (Form 18B). You can find it at Ontario Courts Forms. This document gives you an additional 10 days to file your Statement of Defence, for a total of 30 days from the date you were served with the Statement of Claim. Here’s how you can proceed:
Fill out Form 18B with the necessary details, including the court file number, the names of the parties, and your intention to defend the action. You can find all necessary information in the Statement of Claim and other documents that you have received.
File the completed Notice of Intent to Defend with the court where the Statement of Claim was filed. This can usually be done in person at the court registry or through the court’s online filing system (if available).
Serve a copy of the Notice of Intent to Defend on the plaintiff or their lawyer. This can be done via mail, fax, or another method of service as permitted by the Rules of Civil Procedure.
Step 5: Gather Your Evidence
You need to gather all the evidence that supports your defense. Evidence is anything that can help prove your side of the story, including:
Documents: Contracts, emails, receipts, invoices, any written communication related to the case.
Photos/Videos: Visual proof of incidents, damages, or anything relevant to the dispute.
Witnesses: People who saw what happened or can support your version of events. Get their contact information and ask if they would be willing to testify.
Organize your evidence in a systematic manner. This will make it easier to present your case clearly in court.
Step 6: Consider Settlement
Court battles can be lengthy and stressful, so it’s often better to settle things amicably if you can. Here’s how:
Contact the Plaintiff’s lawyer to discuss the possibility of a settlement. You can do this through a letter, email, or phone call.
Be open to negotiation. Sometimes a compromise is better than a full-blown legal battle. Propose a fair settlement amount or other terms to resolve the dispute.
If you reach a settlement, ensure that it is documented in writing and signed by both parties to make it legally binding.
Step 7: Prepare Your Defense
If settlement isn’t an option, it’s time to prepare your defense.
Small Claims Court: If the claim is $35,000 or less, your case will be in Small Claims Court. For higher amounts, you might have to go to the Superior Court of Justice, but the steps are similar.
Forms: Download the necessary forms from the Ontario Court Forms.
The most important one is the Statement of Defence (Form 9A). Fill it out carefully, stating your side of the story and your defenses.
Include all relevant details and defenses. For example, if you believe the plaintiff’s claim is exaggerated, provide evidence supporting your claim.
Filing Your Defence: You can file your defense in person at the court or online through the Civil Claims Online Portal.
Cost: Filing a defense is free, but there are other potential costs, like setting a trial date, which costs $290.
Step 8: Serve Your Defence
After filing your defense, you need to serve (officially deliver) the documents to the plaintiff’s lawyer. This is called "service of process" and ensures that the plaintiff is informed about your response.
Service Options: You can serve the documents personally, hire a process server, or send them by registered mail.
Personal Service: Handing the documents directly to the plaintiff or leaving them with an adult at their residence.
Registered Mail: This provides proof of delivery, which you will need.
Process Server: A professional who delivers legal documents. This can be useful if you want to ensure proper service.
You must serve the plaintiff within a reasonable time frame after filing your defense, typically within 20 days.
Affidavit of Service: After serving the documents, complete an Affidavit of Service (Form 8A) and file it with the court to prove that the plaintiff was notified. This step is crucial as it ensures the court knows the plaintiff is aware of the lawsuit.
Step 9: Consider Mediation
Before your court date, you might have the option to mediate. If not, write a letter to the Plaintiff’s lawyer offering mediation. You can send it by email so you have records of it. It will help you if your case goes to trial. The judge will appreciate your efforts to settle instead of taking the matter to the court.
Mediation: This is a chance to settle your case with the help of a neutral third party. It can save time and money compared to a trial.
Court-Connected Mediation: Some courts offer mediation services as part of the court process. Check with your local court to see if this is available.
Private Mediation: You can hire a private mediator. Costs vary, but it can be an effective way to resolve disputes.
Cost: Mediation is often free or low-cost in Small Claims Court. For example, the Ontario Mandatory Mediation Program charges $600 for up to a 3-hour session, with the cost typically split between the parties.
Who Pays: Typically, the cost is shared between both parties, but some programs cover the full cost. Always check with your court for specific costs and programs.
Step 10: Prepare for Court
Get ready to dazzle the judge with your brilliance!
Organize Your Evidence: Make copies of all your documents and evidence. Prepare a statement outlining your defense. This is called a "brief".
Practice: Rehearse what you’re going to say. Anticipate questions and prepare answers. Practice with a friend or family member.
Witnesses: If you have witnesses, make sure they’re available and ready to testify. Provide them with a summary of what you’ll be asking them to say in court.
Step 11: The Court Hearing
The big day has arrived!
Dress Appropriately: Look professional. First impressions matter.
Be Punctual: Arrive early and check in with the court staff.
Present Your Case: Be clear, concise, and respectful. Present your evidence and make your arguments. Listen to the other side and be ready to counter their points.
Opening Statement: Briefly outline your case and what you intend to prove.
Presenting Evidence: Introduce documents, photos, and other evidence. Explain their relevance.
Witness Testimony: Call your witnesses to testify. Ask them questions that help support your case.
Cross-Examination: Be prepared to question the plaintiff and their witnesses. Stay calm and focused.
Closing Statement: Summarize your case and reiterate why the judge should rule in your favor.
Judgment: After hearing both sides, the judge will make a decision. It could be immediate or delivered later in writing. The judge may also provide reasons for their decision.
Step 12: Post-Judgment Actions
If you win, great! If you lose, you might need to take further action.
If You Win: The plaintiff might pay you directly. If not, you may need to take steps to enforce the judgment, such as:
Garnishing Wages: Obtain a garnishment order to take money directly from the plaintiff’s paycheck. You can apply for this at the Small Claims Court.
Seizing Assets: You can request a writ of seizure and sale to take and sell the plaintiff’s property. This also requires an application at the court.
If You Lose: Consider whether to appeal the decision. Appeals must be filed within 30 days of the judgment and can be complex. Seek legal advice if you consider this route.
Notice of Appeal: File a Notice of Appeal with the court. This document explains why you believe the decision was wrong.
Prepare for Appeal: Gather additional evidence and prepare your arguments. The appeal process can be more formal and complex than the initial trial.
Final Thoughts
Getting sued without a lawyer might seem daunting, but with a bit of preparation and a lot of determination, you can handle it. Remember, the court is there to help you resolve disputes fairly. So, roll up your sleeves, gather your evidence, and step into the courtroom with confidence. You’ve got this!
