FILING A DEFENDANT'S CLAIM
Defendant's Claim (Form 10A) Guide:
Essentially a plaintiff’s claim
You are the Plaintiff by Defendant’s claim. You are filing a claim against the original plaintiff, a co-defendant or a third party. This form must be filed in the same court as the one in which the plaintiff's claim was filed within 20 days of the defence being filed. *you will need to file both a defence and a defendant's claim with the court which can be done simultaneously.
Fill in your information in the Plaintiff by Defendant’s Claim box. Fill in all the pertinent information and correct all information that is misstated. If you have a representative they will fill in the information, if you do not, leave that space blank.
The second box is the Defendant by Defendant’s Claim (original Plaintiff), their information should be on the Plaintiff’s Claim so it is just a matter of transcription.
In numerical format include the relevant details of your defence claim with each separate point you agree with, disagree with, and have no knowledge of with corresponding to a number. Ensure that the numbered points on the Plaintiff’s Claim have the same number designation as those of the disputed points on your Defendant’s Claim
Include any relevant copies of documentary evidence that is intended to be used in the proceeding.
Notes: When drafting to use clear, precise and concise language (statements of FACT). Keep it simple and to the point in order to eliminate ambiguity as much as possible.
Prepare several drafts of the claim in order to weed out inaccuracies, bad grammar, poor spelling and other technical errors in order to ensure the version submitted to the court is perfect.
Remember the court likes originals so if it is at all possible include the originals for your case or have them.
Fill in the amount you are claiming.
Check the box indicating Courts of Justice Act or if you have another pre-arranged interest rate check the box below and indicate the agreed upon interest rate.
After you file the defendant's claim with the court you must serve the Defendant to the Defendant's claim (original plaintiff or co-defendant) with the notice of the defendant's claim so that the defendant to the defendant's claim can file a defence or a counter claim.
Along with every claim served you must complete an Affidavit of Service (Form 8A). This will be on the website: ensure that you have 3 copies, 1 for the defendant to the defendant's claim, 1 for the court and 1 for your records. This policy should be followed for all paperwork in your proceeding.
If you are against another party who has legal representation, it is advised that you seek a legal representative for yourself or at least seek legal advice for your claim
NEXT: You will have to file the defendant's claim with the court. The court clerk will date and stamp it and assign it to the same file as the Plaintiff's Claim. Ensure you get a copy of the Defendant's Claim dated and stamped by the court clerk to prove that it was filed with the court. You will need to provide a copy to the plaintiff as well.
The cost to file the defendant's claim will be $75.00.