Sued In The Ontario Small Claims Court But Never Served?

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Have been sued in the Ontario Small Claims Court? Did you find out because your bank account was frozen, or a Notice of Garnishment was sent to your employer?

If you were sued and you were never served with the Plaintiff"s Claim, you have options. When a plaintiff sues a defendant in the Ontario Small Claims Court there are rules that must be followed. One rule is that the Plaintiff must serve the Plaintiff"s claim upon the defendant and then the defendant will have 20 days to file a defence.

Sometimes, mistakes happen. There have been circumstances where a Plaintiff has used a courier company or another means of service and for whatever reason the party who was to be served did not receive the documents.

If this happens the Ontario Small Claims Court has a remedy which is called a motion. A motion is used to request a court date to make a request for a date to speak with a Small Claims Court judge. Motions are heard in open court and the person who sued you will be sent notice and have an opportunity to attend the hearing.

The Ontario Small Claims Court is a court of equity and if you can convince the judge that you legitimately were not served and want to make a defense and have your day in court, the judge can make an order to set aside the judgment and allow you to file a defense. That said, they could also award the other party "cost" for having to appear in court and you many have to pay a small sum into court in order to be able to file your Defense.

You can obtain a form from the Small Claims Court website or use online services like Easy Court to create your Ontario Small Claims court Motion online. These kinds of services make is easier to do it yourself by walking you through a point and click online tutorial.

If you are involved in a Small Claims Court action is always makes the best sense to make an amicable settlement with the other side. You use the motion hearing as an opportunity to speak with the other side (before or after the hearing) and try to come to some form of a settlement.

For more information visit http://www.easycourt.ca

About the Author:
Courtney Jewell-McElroy, CEO, Easy Court Ltd. http://www.easycourt.ca



Article Originally Published On: http://www.articlesnatch.com


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