How to defend a small claim
- The defendant will be expected to settle the claim within fourteen days of receipt of the summons or to appear in court in person on a date specified by court.
- If the defendant does not settle the claim, he/she must deliver to the clerk of court, a Written Statement of Defense and/or a Counterclaim as specified in Schedule 5, containing the nature of his or her defense and particulars of the grounds on which it is based this must be done within 14 days of receipt of the summons.
- The defendant or a designated Court process server will then serve a copy of the written statement of defense and counterclaim, upon the claimant, within fourteen days of filing the written statement of defense and counterclaim in Court.
- Where the defendant has filed a defense which includes a counterclaim, the claimant shall, within fourteen days of service of the written statement of defense and counterclaim either choose to file a reply to the counterclaim specified in Schedule 6; or notify the Court in writing that he or she shall reply to the counterclaim at the hearing of the case.
Where a defendant does not respond to the summons duly served upon him or her, the Court shall, upon proof of service, enter judgment for the claimant.