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Litigation

Can I use Small Claims Court to collect a debt someone owes me in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Yes. Small Claims Court in Ontario is designed for money claims up to $35,000 (exclusive of interest and costs). If someone owes you money — whether from a loan, unpaid services, a bounced cheque, or another agreement — and the amount is within that limit, you can file a Plaintiff's Claim with the Small Claims Court in the region where either party lives or carries on business, or where the agreement was to be performed.

The process is relatively accessible and designed for people to navigate without a lawyer, though legal advice is valuable. You fill out the claim form, pay a filing fee, and arrange for the defendant to be served. The defendant then has the opportunity to file a Defence. If no Defence is filed, you can seek a default judgment. If a Defence is filed, the court will schedule a settlement conference, and if the matter is not resolved, a trial.

If you succeed at trial or by default, you receive a judgment, which is itself a court order. The judgment does not automatically collect the money for you — you must then take enforcement steps, such as garnishment of wages or bank accounts, or filing a writ of seizure and sale.

Gathering evidence — contracts, invoices, text messages, emails, payment records — before filing strengthens your position. If your claim exceeds $35,000, you would need to pursue it in the Superior Court of Justice, where the rules are more complex and legal representation is typically advisable.

Key takeaways

  • Small Claims Court handles money claims up to $35,000 in Ontario.
  • File a Plaintiff's Claim, serve the defendant, and either obtain a default judgment or proceed to trial.
  • A judgment is a tool — you still need to take enforcement steps to collect.
  • Claims over $35,000 go to Superior Court, where legal help is strongly advisable.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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