Find a lawyer to help you answer your legal questions.

  • My Legal Briefcase

    The Difference Between Plaintiff Claim Forms and Defendant Claim Forms – Part Two
    Posted: 2011-01-17 07:00:58

    By Laurie Lonsdale

    Your initial reaction upon seeing that a ‘Defendant’s Claim” has been issued to you, might be to presume that a mistake has been made and dismiss it with the hope that the claim is invalid.  But when it comes to the law, it’s never wise to assume anything.  It’s far more prudent to know exactly what you’re dealing with in order to handle it effectively.

    Take the time to phone the court and inquire as to the origin of the claim.  The phone number will be provided for you on the first page of the claim, directly below the court name and address.  Be patient while the court clerk locates the file, as the time you spend getting the information you require will be well worth it in the end.

    If you were served with a “Defendant’s Claim”, it’s likely you will discover you were brought into a pre-existing dispute or claim that you have knowledge of, or are associated with, in some way, shape or form.  The Defendant from that pre-existing claim is alleging that you have information pertaining to the original claim and bear partial responsibility for it, so they have named you as part of their defence.   If this is the scenario you find you are in, you are entitled to see the original claim and take copies for reference purposes.  Take advantage of this by visiting the court and stating your request, as it’s best to know the extent of what was claimed by the Plaintiff, and have exact wording of how the Defendant has presented his defence.   It will assist you in gaining knowledge and power from any mistruths or contradictory comments made in the pre-existing claim, and will allow you to prepare the best defence possible.

    While at the court, pick up the necessary paperwork to file your defence.  An information box located at the bottom of the final page of the claim you were served will indicate the forms you will require and will explain that you have twenty (20) calendar days from the date on which you received the claim, to file your defence with the court.

    You want to make sure you file within twenty (20) days otherwise you will automatically be found in the wrong, and have to pay the monies claimed against you.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.