What does it mean to be served with a Statement of Claim?

It means a lawsuit has formally started against you. The Statement of Claim sets out who is suing you, how much they want, and why. It usually opens with the words "A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU." You must respond within the deadline or risk a default judgment.

How many days do I have to respond in Ontario?

Generally 20 days if you were served in Ontario, 40 days if served elsewhere in Canada or the United States, and 60 days if served outside Canada and the U.S. Delivering a Notice of Intent to Defend within the 20-day period adds another 10 days.

What happens if I do nothing?

The creditor can have you noted in default and obtain a default judgment for the full amount, often without a hearing. They can then enforce it by garnishing wages, freezing bank accounts, or registering a writ against your property.

Should I call the creditor and explain?

Be careful. Admitting the debt or making a payment can have legal consequences, including restarting an expired limitation period. It is usually better to get advice before contacting the plaintiff, and always to act within your deadline.

Served With a Statement of Claim in Ontario: What to Do First

Reviewed by Angelos Spingos, Principal Lawyer, Spingos Law · Licensed by the Law Society of Ontario · Last reviewed June 29, 2026

The deadline is real. If you were served in Ontario, you generally have 20 days to respond. Do not wait until the last day to get advice.

Receiving a Statement of Claim is alarming, but it is a starting point, not a verdict. What you do in the next two to three weeks matters more than almost anything else in the case.

What the document is

A Statement of Claim is the document that starts a civil lawsuit. It is issued by the court and then served on you. It names the plaintiff (the creditor or collection agency suing you), names you as the defendant, states the amount claimed, and explains the alleged basis for the debt. In Ontario it typically opens with the warning, “A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU.” That sentence is your signal to act.

The clock: how long you have

The time to respond depends on where you were served:

Served in Ontario: 20 days.
Served elsewhere in Canada or the United States: 40 days.
Served outside Canada and the U.S.: 60 days.

Delivering a Notice of Intent to Defend within the 20-day period gives you an additional 10 days to prepare and serve your Statement of Defence — a simple, valuable way to buy time.

Your first steps

Write down the date you were served. Every deadline counts from that day.
Read the whole claim. Identify who is suing you, the exact amount, and the alleged debt.
Do not ignore it. Silence leads directly to default judgment.
Do not rush to admit or pay. A payment or written admission can restart an expired limitation period and remove a defence you did not know you had.
Gather your records. Statements, the original agreement, payment history, and any letters from the creditor or agency.
Get advice inside the window. A short legal review early is worth far more than scrambling after a default.

How you respond

In the Superior Court, you respond with a Statement of Defence (and, if you need more time, a Notice of Intent to Defend first). In Small Claims Court — which handles claims up to $50,000 — you file a Defence on the court’s form. Either way, a properly filed response stops the default process and forces the creditor to prove its case.

A filed defence often changes the creditor’s math. Once it has to actually prove the debt, the amount, and that it owns the claim, settlement on better terms becomes far more likely.

Frequently asked questions

What does it mean to be served with a Statement of Claim?: It means a lawsuit has formally started against you. The Statement of Claim sets out who is suing you, how much they want, and why. It usually opens with the words "A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU." You must respond within the deadline or risk a default judgment.
How many days do I have to respond in Ontario?: Generally 20 days if you were served in Ontario, 40 days if served elsewhere in Canada or the United States, and 60 days if served outside Canada and the U.S. Delivering a Notice of Intent to Defend within the 20-day period adds another 10 days.
What happens if I do nothing?: The creditor can have you noted in default and obtain a default judgment for the full amount, often without a hearing. They can then enforce it by garnishing wages, freezing bank accounts, or registering a writ against your property.
Should I call the creditor and explain?: Be careful. Admitting the debt or making a payment can have legal consequences, including restarting an expired limitation period. It is usually better to get advice before contacting the plaintiff, and always to act within your deadline.

Sources

Ontario Rules of Civil Procedure (Reg. 194, rr. 18.01, 18.02, 19) · Small Claims Court, Ministry of the Attorney General. General information for Ontario, not legal advice.