What is a Statement of Claim and what should I do if I receive one for a debt?
A Statement of Claim is the court document that formally starts a civil lawsuit in Ontario. If a creditor is suing you for a debt, they file the Claim with the court and then serve a copy on you. The Claim sets out what the creditor alleges you owe and the legal basis for the action.
Once served, you have a deadline to respond — typically 20 days if you are served in Ontario, or longer if you are elsewhere. You respond by filing a Statement of Defence with the court and serving a copy on the plaintiff. If you do not respond in time, the creditor can ask the court for a default judgment against you without ever going to trial, simply because you did not reply.
A default judgment carries all the enforcement consequences of any judgment: wage garnishment, bank garnishment, and registration of a writ on your property. It can be very difficult to set aside a default judgment after the fact.
Even if you believe you owe the debt, a Defence can raise issues like errors in the amount claimed, payments already made, expired limitation periods, or procedural defects. Do not ignore a Statement of Claim. Contact a lawyer as soon as possible after being served so your deadline is protected.
Key takeaways
- You typically have 20 days from service to file a Statement of Defence.
- Failing to respond allows the creditor to obtain a default judgment without a trial.
- A Defence can raise limitation periods, payment credits, or errors in the claim.
- Missing your deadline is a serious risk — seek legal advice immediately after being served.