Options
Dispute Note & Counter Claim
Let us help you prepare your Dispute Note, right from the comfort of your own home. You can avoid having to go to court to file your Dispute Note by using our simple process.
Once you have completed our easy questionnaire, your forms and detailed instructions will be immediately available for you to download, print and send to the court.
Overview
You can use our service to prepare your Dispute Note. This overview will provide you with useful information to help you determine which type of filing you want to make
Dispute Note
If someone has sent you a Civil Claim, in layman's terms: you have been sued.
Regard such an occurrence as serious and immediately consider all options as the court affords a fixed window of time wherein you may file a Dispute Note. Failing to file a Dispute Note against a Civil Claim can result in a default judgment being entered against you, without further notice to you. You will end up owing money that is legally enforceable.
If you feel that you owe the money and have simply have experienced a problem fulfilling agreed upon monthly payments, you may admit all or part of the claim in your Dispute Note and propose a repayment arrangement. When filing a Dispute Note, you have an opportunity to explain your limitations and your side of the events to date.
To reiterate: not filing a Dispute Note could result in the person or company that has sued you obtaining a judgment against you. Once they have a judgment they can attach liens to your assets like your house or car. They may also garnish your wages and apply a lien to you personal bank account. In addition the judgment will appear on your personal credit report which will damage your credit for no less than 6 years.
If they choose to garnish your wages the court documents will be sent to your employer and this is embarrassment that you can and should avoid.
After a Dispute Note is filed, the court will set a date for all parties to attend a pre-trial settlement conference which is mediated by a judge or referee. Research shows that many cases are settled at this stage. This will give you a professional, controlled and open forum to discuss your side of the story.
Counter Claim
If you believe that the person or company who sued you in fact owes you money or you believe another party has caused you to owe the money, please select a package that includes Counter Claim. The Counter Claim option is the correct way to file a claim (sue) a party named in an action that where you have been named as Defendant.
A common mistake individuals and companies make when they are sued and believe the person or company who sued them in fact owes them money, is the filing a separate Civil Claim against the person or company who sued them. This is the wrong thing to do! This mistake will result in the court clerk issuing a new claim with a new claim number, causing a large and avoidable administrative burden to the courts. It results in an entirely separate action, file number and chain of court dates. Properly filing your Counter Claim with, and at the time you file your Dispute Note saves you, and the court time and money.
By properly filing your Counter Claim, all documents will be assigned the same file number. The Claim and Dispute Note and the related issues will be addressed together in the same proceedings.
It is important to verify that the claim you have received was filed in the Small Claims Court prior to using our service, as our service only applies to Small Claims Court proceedings.
If you want to sue a third party who was not named on the original Civil Claim then you cannot file a counter claim against them. You must file a Third Party Notice. See below.
Third Party Notice
When considering a Counter Claim, who you are planning to sue is important as there are different court forms that depend on your relationship to the party you are suing.
If you are suing one or more of the Claimant’s who sued you then you would file a Counter Claim.
However, if you are suing a third party who is not named on the original Notice of Claim then you would file a Third Party Notice because you are adding a third party to the action.
Fast Fact:
Did you know that if you have been sued and did not file a Dispute Note (for whatever reason) that the party who sued you can obtain a judgement against you. They can use the judgement to use court enforcement remedies to collect thier money. These remedies include a wage garnishment, freezing your bank account and placing a liens on your assets.
Save Money
No more taking time off work, driving to the court, paying for parking, pulling numbers and waiting in long lineups!
*Prices quoted on this website do NOT include the “Small Claims Court filing fee” which is payable to the Minister of Finance at the time you file your documents. Click here for a list of the fees charged by the Small Claims Court.
Disclaimer
easycourt.ca is a document preparation service. easycourt.ca does not offer/provide or equate to legal advice. easycourt.ca is not acting as your paralegal or lawyer
and is not a substitute for the advice of a paralegal or lawyer. Our online tool simply guides you through the Small Claims Court Forms (in a simplified format)
and assists you in preparing your court documents in a clear, correct and professional manner. easycourt.ca does NOT select, draft, complete, compute or assist in
the completion of your documents. YOU select and prepare your documents using the assistance of our easy process. If you think you need legal advice, or feel
that you have complex legal issues that you cannot resolve on your own, we recommend that you hire a paralegal or lawyer. easycourt.ca has references for
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