Defence to a claim for a phone or electronics repair dispute
Preparing a defence (and any counterclaim) when you are sued for a phone or electronics repair dispute.
What is included
- Reviewing the claim against you and the documents you have
- Preparing your defence, and a defendant's claim if you have a claim of your own
- Filing the defence with the court and serving it on the plaintiff
- Proposing terms of payment if you agree you owe some or all of the amount
- Explaining the settlement conference and the steps that follow
What is not included
- Court filing fees, process servers, searches and other disbursements
- Steps beyond the service you chose, such as a trial when the service covers documents only
- Enforcing a judgment, such as garnishment or a writ, unless your service is an enforcement step
- An appeal to the Divisional Court, where a licensed paralegal may not act
- Claims over $50,000 or other matters that belong in the Superior Court of Justice
Who this service is for
- A person or business served with a Small Claims claim
- Someone who disputes all or part of what is being claimed
- A defendant who has a claim of their own against the plaintiff
Information to have ready
- 1The plaintiff's claim and the date and way you were served
- 2Your contract, receipts, messages and other records about the dispute
- 3Names of anyone who saw what happened
- 4Any amount you agree you owe
Frequently asked questions
How much does it cost?
The fee is $500 plus 13% HST ($565.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
What happens if I don't file a defence?
The plaintiff may have you noted in default and may then get judgment without a trial. If that has already happened, a motion to set it aside may be possible.
Can I make a claim against the plaintiff too?
Often, yes. A defendant's claim lets you make your own claim against the plaintiff, or bring in someone else, within the same case and the Small Claims Court limit.
Can a licensed paralegal represent me in Small Claims Court?
Yes. Licensed paralegals in Ontario may represent defendants in Small Claims Court, including at settlement conferences, motions and trials.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed, and a judgment may still need separate enforcement to be collected
- Limited to claims within the Small Claims Court limit of $50,000
- You must give documents and instructions in time to meet court deadlines
- An appeal of a Small Claims Court judgment is heard by the Divisional Court, where a licensed paralegal may not act, so for an appeal the firm does only the parts a licensed paralegal is permitted to do and refers the appeal itself to a lawyer.
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