Defence Form 9a

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Instructions for Filing a Defence to a Claim
Step 1: COMPLETE a Defence form. Make sure your name and address are right so you will receive
documents about the case. State what you disagree with and why, and if there is anything you agree with.
Attach copies of any documents that help your case. If you want to pay all or part of the amount owing,
state how much you will pay and when you will pay.
If there is more than one plaintiff or defendant, complete an Additional Parties form (Form 1A) and put it
right behind page one of your defence form. You can get the additional parties form and other forms at the
court office or online at
Step 2: SERVE your completed Defence form and any attachments on every other party in the case and
complete an Affidavit of Service (Form 8A). For more information, see the “Guide to Serving Documents”
available at the court office and online at
Step 3: File your Defence (Form 9A) and Affidavit of Service (Form 8A). Take the completed forms and
related documents to the court office where the plaintiff filed the claim. You must do this within 20 days after
you received the claim. If you miss the 20 day deadline, you can still file the defence as long as the plaintiff
has not yet asked the court to have you noted in default, or with leave of the court if you have been noted in
default. Pay the court filing fee. Cheques and money orders are payable to the Minister of Finance. The
fees are listed at the court office and online at
If you have been noted in default, you must take additional steps if you wish to file a defence. See the Small
Claims Court "Guide to Replying to a Claim" referenced below for more information.
If your Defence contains a proposal of terms of payment and you fail to make payment in accordance with
your proposal, judgment for the unpaid balance may be ordered against you.
What if the plaintiff owes me money or someone else is responsible for the loss?
If you wish to file a Defendant's Claim form (Form 10A) against the plaintiff or other person, you must file it
no later than 20 days after you file your defence. If you miss this deadline, you can ask the court on motion
for permission to file it later. There is a filing fee.
For more information about replying to a claim or making a defendant’s claim, see the Small Claims Court
"Guide to Replying to a Claim" available at the court office and online at
Also see the Defendant's Claim form online at
DO NOT FILE THIS PAGE
RSCC-9A-E (2014/01)

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